G.KRISHNA MURTHY Vs. G.K.PRABHAKAR

JUDGEMENT

(1.) Defendant No.1 in O.S.No.401 of 2013 on the file of the XIX Senior Civil Judge, City Civil Court, Secunderabad, has filed this first appeal under Sec. 96 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') assailing the Judgment and Decree dtd. 1/3/2017 passed by the trial Court in the subject suit whereunder the trial Court had passed a decree in favour of the respondents/plaintiffs for partition of the schedule mentioned property.

(2.) For the sake of convenience and also for better understanding, the parties will be referred in the same ranking in which they are arrayed before the trial Court.

(3.) As could be seen from the material available on record, the plaintiffs have filed the subject suit against defendant Nos.1 to 3 seeking partition of the schedule mentioned property i.e., House bearing door Nos.6/5/453 to 455, admeasuring 96.44 square yards. As per the averments made in the plaint, the plaintiffs have claimed that the plaintiffs, defendant No.1 and one Sri Devraj are the sons of Mr.G.Krishna Murthy and Smt.Santhamma. Defendant No.3 is the wife of the said Sri Devaraj, who was no more by the time of filing of the suit.