BASETTI CHOKKAIAH Vs. BASETTI SHANKAR

JUDGEMENT

(1.) Aggrieved by the judgment dtd. 28/8/2012 (hereinafter will be referred as 'impugned judgment') in A.S.No.10 of 2010 on the file of learned II Additional District Judge, Karimnagar at Jagtial, the defendant No. 1 filed the present Civil Miscellaneous Appeal to set aside the impugned judgment.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the trial Court.

(3.) The brief facts of the case as can be seen from the record available before this Court are that the sole plaintiff filed suit vide O.S.No.174 of 1983 on the file of learned District Munsif at Jagtial for partition against the defendant Nos.1 and 2 for partition and separate possession in respect of suit schedule properties. A preliminary decree was passed on 16/11/1983. Subsequently, during the pendency of the suit, the sole plaintiff died and thereafter, the defendant No.1 was transposed as plaintiff No.2. Subsequently, a petition vide I.A.No.502 of 1987 was filed for passing final decree and accordingly, the said petition was allowed by allotting 2/3rd share in the schedule properties to the plaintiff No.2 and rest of the 1/3rd share was allotted to defendant No.2. Aggrieved by the same, the defendant No.2 filed A.S.No.10 of 2010 under Order XLI Rule 1 of the Code of Civil Procedure against the judgment and decree dtd. 5/3/2010 in O.S.No.174 of 1983 on the file of learned II Additional District Judge, Karimnagar at Jagtial. The learned II Additional District Judge, Karimnagar at Jagtial after considering the rival contentions, allowed the appeal by setting aside the order dtd. 4/1/2002 in I.A.No.502 of 1987 in O.S.No.174 of 1983 and remanded back the matter to the trial Court to dispose of I.A.No.502 of 1987 afresh keeping in view of the observations made in the order. Aggrieved by the same, the defendant No.1, who was transposed as plaintiff No.2 has filed the present Civil Revision Petition to set aside the impugned judgment.