KATEPALLY CHANDRA SEKHAR Vs. KATEPALLY SHARAT CHANDRA

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner and Learned counsel for the respondents and perused the records.

(2.) The Civil Revision Petition is filed by the petitioner aggrieved by the order dtd. 10/4/2023 passed in I.A.No.370 of 2022 in O.S.No.43 of 2022 by the Junior Civil Judge-cum-Judicial Magistrate of First Class, Nidamanoor, whereunder the petition filed by the respondent No.1/plaintiff under Sec. 45 of the Evidence Act was allowed.

(3.) Learned Counsel for the petitioner submits that the respondent No.1 herein filed the suit in O.S.No.43 of 2022 for the relief of partition and separate possession of the suit scheduled lands claiming that he is the son of the revision petitioner/defendant No.1, without specifying the name of the mother, claiming right over the suit schedule lands. The revision petitioner and respondent No.2 are the brothers and they are sons of Late Bhadraiah and that their mother is Anasuya. Thereafter, the petitioner and respondent No.2 partitioned the lands and separate passbooks were also issued to them. The said fact was also narrated by the respondent No.1 in his plaint. The respondent No.1 also averred that the land held by the petitioner was sold to respondent No.5 through registered Doc.No.517 of 2021 before the Registering Authority, Anumula.