LAWS(TLNG)-2019-6-80

KAMALUDDIN HAMED Vs. J BALAIAH

Decided On June 17, 2019
Kamaluddin Hamed Appellant
V/S
J Balaiah Respondents

JUDGEMENT

(1.) This Revision is filed under Article 227 of the Constitution of India challenging the order dt.12.03.2014 in I.A.No.439 of 2013 in O.S.No.646 of 2008.

(2.) Petitioners are defendants 10 to 12 in the suit.

(3.) The said suit was filed by respondents 2 and 3 against petitioners and others for partition of plaint schedule property and for allotment of 2/4th share to them. They alleged that the plaint schedule property belongs to the father of respondents 2 and 3, who died in 1972; that the brothers of respondents 2 and 3 are 4th respondent(1st defendant) and one E.Rama Krishna, who died in the year 2002; that respondents 5 to 9/defendants 2 to 6 are the children of E.Rama Krishna; that the plaint schedule property is the ancestral property of respondents 2 to 9; that respondents 2 and 3 have 2/4th share in the plaint schedule property; that respondents 4 to 9 had executed certain documents in favour of petitioners and respondents 10 to 12, and brought into existence certain ante-dated documents; and that notwithstanding the execution of said documents, respondents 2 and 3 are in joint possession of the suit schedule property as coowners.