D.KRISHNA SERVARYAL Vs. SMT. D.SUDHA

JUDGEMENT

(1.) The unsuccessful plaintiffs/appellants have filed this appeal suit assailing the judgment and decree dtd. 12/6/2006 in O.S.No.1710 of 2001 on the file of the IV Senior Civil Judge, City Civil Court at Hyderabad.

(2.) The plaintiffs in O.S.No.1710 of 2001 have filed the Original Suit for partition and separate possession of house bearing No.1/2/217/7, admeasuring 378 Sq.yards situated at Gagan Mahal Road, Domalguda, Hyderabad with precise boundaries (hereinafter referred as 'suit house'). The trial Court, after full length of trial and on careful appreciation of oral and documentary evidence available on record, dismissed the suit of the plaintiffs. Feeling aggrieved by the said judgment and decree of the trial Court, the plaintiffs have filed this appeal suit. Pleadings in the plaint and written statement:

(3.) Initially plaintiff Nos.1 and 2 have filed the Original Suit against defendant Nos.1 to 3, during pendency of the suit plaintiff No.1 died, his legal representatives were brought on record as plaintiff Nos.3 to 6. The main averments of the plaint are that the plaintiff No.2 is the first wife and defendant No.1 is the second wife of late D.Lakshminarayanan. Plaintiff No.1, defendant Nos.2 and 3 are the son and daughters of plaintiff No.2 through late D.Lakshminarayanan. Defendant No.1 second wife of late D.Lakshminarayanan has no issues. Suit house is the self-acquired property of Late D.Lakshminarayanan and he died on 23/1/2001 leaving behind the plaintiffs and defendants as his only legal heirs. When the plaintiff No.1 demanded for partition of suit house, the defendant No.1 has denied the same. Finally the plaintiff No.1 has got issued a legal notice dtd. 11/6/2001 calling upon the 1st defendant for partition of suit house by metes and bounds. Defendant No.1 has issued reply notice dtd. 18/6/2001 stating that her husband late D.Lakshminarayanan has executed a Will in April, 1995 bequeathing all his movable and immovable properties as they stood at the time of his death to her only in exclusion of all others. In-fact the plaintiffs and defendant Nos.1 to 3 being the legal heirs of late D.Lakshminarayanan are entitled for 1/5th share each. Accordingly, prayed to decree the suit, passing a preliminary decree for dividing suit house into five equal shares and to allot one such share to each of plaintiff Nos.1, 2 and three other shares to the defendant Nos.1 to 3.