Jaka Simmamma, vs Jaka Ranga Rao,
2021 Latest Caselaw 665 AP

      HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

               SECOND APPEAL No.134 of 2020


JUDGMENT:

The Second Appeal arises against the Judgment and

decree in A.S.No.53 of 2018 on the file of Principal District

Judge, Srikakulam dated 29.08.2019 confirming the Judgment

and decree in O.S.No.256 of 2012 on the file of Principal Junior

Civil Judge, Srikakulam dated 24.07.2017.

The appellants herein are the appellants in the lower

appellate Court and the plaintiffs in the suit. The respondent

herein is the respondent in the lower appellate Court and the

defendant in the suit.

The suit is filed for partition of the plaint schedule

property into two equal shares and put the plaintiffs into the ½

share portion of it by rendition of accounts for the mesne

profits of the plaint schedule property and for costs. The suit

was contested and the same was dismissed without costs by the

trial Court vide its Judgment dated 24.07.2017. Aggrieved by

the same, the plaintiffs preferred the 1st appeal in A.S.No.53 of

2018 on the file of Principal District Judge, Srikakulam and

upon considering the case on merits, the lower appellate Court

dismissed the appeal vide its Judgment dated 29.08.2019.

Assailing the Judgments of the Courts below, the

plaintiffs/appellants herein filed this Second Appeal raising

certain grounds.

Upon perusal of the lower Court Judgments, and the

material available on record, this Court comes to a conclusion

that there is no substantial question of law involved in this

Second Appeal as both the Courts below concurrently held on

facts that the plaintiffs fail to establish the nature and character

of the plaint schedule property whether it is an ancestral or joint

family property to claim for partition of the same and mense

profits.

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

Date: 05.02.2021 TM

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

Second Appeal No.134 of 2020

Dated: 05.02.2021

TM