KATTA LAXMIKANTH Vs. KATTA DAMAYANTHI

JUDGEMENT

(1.) This is an appeal filed by the appellant being aggrieved by the order, dtd. 1/4/2025, passed in I.A.No.203 of 2024 in O.S.No.26 of 2024 by the learned XII Additional Chief Judge, City Civil Court, Secunderabad (for short "the trial Court").

(2.) The appellant herein is the petitioner/plaintiff and the respondents are the respondents/defendants before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

(3.) The case of the petitioner before the trial Court is that he is the son of Katta Seshagiri Rao and Smt.K.Damayanti (respondent No.1) and that Padma Priya and K.Pratima i.e. respondent Nos.2 and 3 are his sisters and that they are governed by Hindu Law. He submitted that his father Katta Seshagiri Rao has purchased the petition schedule property out of his self earned income through his business. Schedule-A property covers a house in plot bearing No.C6, admeasuring 716 Sq.yards at Vikrampuri Cooperative House Building Society Ltd., Vikrampuri Colony, Kakaguda, Secunderabad Cantonment, Secunderabad, having purchased from Smt.Nirmala by their father Katta Seshagiri Rao in his wife's name i.e. in the name of respondent No.1/K.Damayanti. Schedule-B property refers to open land admeasuring 638.88 Sq.yards in survey No.55 situated at Trimulghery Village, Secunderabad Contonment Area, Hyderabad. Schedule-C property refers to jewellery weighing 3037.500 grams which was seized by the Income Tax Department towards tax dues and that the said dues were paid by Katta Seshagiri Rao while he was alive and the release of the said gold is pending for submission of legal heir certificate. Thus, his claim is that all the properties A to C are the self acquired properties of his father/Katta Seshagiri Rao and that he is entitled to a share in the property.