GODARI RAMULU Vs. GODARI BHEERAIAH

JUDGEMENT

(1.) The present Appeal is filed under Sec. 96 of C.P.C. assailing the Judgment and Decree passed by III Additional District and Sessions Judge, Asifabad, in OS.No.9 of 2016 dtd. 6/1/2017.

(2.) Appellant Nos.1 to 3 are the defendants and the respondent is the plaintiff. During pendency of the Appeal, appellant No.1 died and his LRs are brought on record as appellant Nos.4 to 7.

(3.) Learned Senior Counsel for the appellants submits that the learned trial Court failed to see that the suit is filed after 13 years of the death of Godari Beeraiah and no reasons are given by the respondent-plaintiff for such inordinate delay and also failed to see the conduct of the respondent-plaintiff, which is lacking bonafides, and he did not approach the Court with clean hands. Respondent- plaintiff did not demand for partition of the properties either when Godari Beeraiah was alive, and there is no evidence to show that Late Beeraiah married Banamma and that the respondent- plaintiff was born out of their wedlock.