HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
SECOND APPEAL No.50 of 2018
JUDGMENT:
The Second Appeal arises against the Judgment and decree in A.S.No.49 of 2009 on the file of II Additional District Judge, Kurnool at Adoni dated 10.08.2017 confirming the Judgment and decree in O.S.No.315 of 2006 on the file of Junior Civil Judge, Adoni, dated 30.11.2009.
The appellants herein are the appellants in the lower appellate Court and the plaintiffs in the suit. The respondents herein are the respondents in the lower appellate Court and the defendants in the suit.
The plaintiff initiated action in O.S.No.315 of 2006 on the file of Junior Civil Judge, Adoni seeking for passing of preliminary decree for partition of plaintiffs 1/4th share in the plaint schedule property and costs of the suit. Upon contesting of the matter, the trial Court has framed the following issues:-
i) Whether the suit filed by the plaintiffs is bad for non-joinder of necessary parties?
ii) Whether the plaintiffs are entitled for partition of the suit schedule property?
iii) Whether the plaintiffs are entitled for 1/4th share in the suit schedule property as prayed for?2 iv) To what relief?
After conducting the trial and hearing the arguments, the trial Court dismissed the suit vide its Judgment dated 30.11.2009. Aggrieved by the same, the plaintiffs preferred an appeal in A.S.No.49 of 2009 on the file of II Additional District Judge, Kurnool. Upon hearing the matter on merits, the lower appellate Court also confirmed the Judgment and decree of the trial Court vide its Judgment dated 10.08.2017. Assailing the same, the plaintiffs preferred this Second Appeal raising certain grounds as substantial questions of law.
Upon perusal of the lower Courts' Judgments and decrees and the material available on record, this Court finds that there is no substantial question of law for entertaining this Second Appeal.
Accordingly, the Second Appeal is dismissed. There shall be no order as to costs.
Consequently miscellaneous applications pending, if any, shall also stand closed.
________________________ B. KRISHNA MOHAN, J 01.03.2021 TM 3 HONOURABLE SRI JUSTICE B. KRISHNA MOHAN Second Appeal No.50 of 2018 Dated: 01.03.2021 TM