KALLURI ANDALU Vs. PINNAPUREDDY STYANARAYANA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner-defendant No.1 aggrieved by the order dtd. 18/10/2022 in I.A. No.515 of 2022 in O.S. No.77 of 2016 passed by the Principal District Judge at Bhongir.

(2.) The respondent No.5-plaintiff filed the suit for partition claiming half share each in the suit schedule properties along with defendant No.1. Her contention was that her father acquired the suit schedule properties, total admeasuring Acs.28.24 gts., situated at Basanthapur Village, Rajapet Mandal, Nalgonda District from his father in a partition with his brothers towards his share and that her father died intestate leaving the plaintiff, her sister-defendant No.1 and their mother, by name, Rukkamma. In the said property, she along with defendant No.1 were entitled to 4/9th shares each and their mother Rukkamma was entitled for 1/9th share. Her further contention was that the defendant No.2 and late Krishna Reddy were her sons, and they stealthily got mutated patta of the suit schedule property on their names equally without the knowledge and consent of the plaintiff. The mother of the plaintiff i.e. Rukkamma was not having any exclusive right to execute any document in favour of defendant No.2 and late Krishna Reddy and even if any document was executed, it would not confer any rights to the defendant No.2 and she demanded defendant No.2 and late Krishna Reddy for cancellation of registered documents and for partition and separate possession of her due share. The wife and children of Krishna Reddy were shown as defendant Nos.3 to 5.

(3.) The defendant No.1 filed written statement sailing with the plaintiff admitting the case of the plaintiff and reporting no objection to pass a preliminary decree by allotting half share in the suit schedule properties.