Andhra Pradesh High Court - Amravati
Alaparthi Sasidhara Rao vs Jetti Bala Krushna Kumari on 15 February, 2021
Bench: B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE FIFTEENTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
SECOND APPEAL NO: 442 OF 2019
Between:
1. Alaparthi Sasidhara Rao, S/o. Late Sambaiah.
2. Alaparthi Satyanarayana, S/o. Late Sambaiah.
...Appellants/Respondents/Defendants
AND
Jetti Bala Kryshna Kumari, W/o. Satyanarayana, Aged 68 years, R/o. Angalakuduru
Village, Tenali Mandal, Guntur District, Andhra Pradesh
...Respondent/Appellant/Plaintiff
Second Appeal under Section 100 CPC against the Judgement and Decree of
the Court of the XI Additional District Judge, Tenali in A.S.No.72 of 2016, dated
24.04.2019, in reversing the Judgement and Decree dated 25-4-2016 in
O.S.No.138/2011 on the file of Additional Senior Civl Judge Court, Tenali.
IA NO: 1 OF 2019
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to suspend the
judgment dated 25-04-2019 of the Court of the XI Additional District Judge, Tenali, in
A.S.No.72 of 2016, pending disposal of SA 442 of 2019, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri Srinivasa Rao Bodduluri,
_ Advocate for the Petitioners, the Court made the following.
ORDER
"This Second Appeal arises against the Judgment and Decree in A.S.No.72
of 2016 on the file of the XI Additional District Judge, Tenali dated 25.04.2019
reversing the Judgment and Decree in O.S.No.138 of 2011 on the file of the Court
of Additional Senior Civil Judge, Tenali dated 25.04.2016.
The appellants herein are the respondents in the first appeal and the
defendants in the suit. The respondent herein is the appellant in the first appeal
and the plaintiff in the suit.
Heard the learned counsel for the appellants. |
The action is initiated by the daughter claiming share in her father's
property in the above said suit. On contest, a preliminary decree for partition was
passed with costs by the trial Court dated 25.04.2016 ordering division of plaint
schedule property into nine (9) equal shares by allotting one such equal share to
the plaintiff and four (4) such equal shares to the defendants 1 and 2 respectively
by declaring further that the plaintiff is entitled for mesne profits by way of a
separate application.
Having not satisfied with the same, the plaintiff preferred A.S.No.72 of 2016
on the file of XI Additional District Judge, Tenali and the lower appellate Court
Aipon consideration of the appeal on merits allowed the same by modifying the
( Judgment and Decree of the trial Court to an extent of granting 1/3rd share of the
each to the plaintiff and the defendants 1 and 2 instead of 1/9th share allotted to
the plaintiffs by the trial Court vide its judgment dated 25.04.2019 of the lower
appellate Court. Against the said enhancement of the share in the plaint
schedule property, the defendants came in the Second Appeal by raising the
substantial question of law to be considered as follows :-
"Whether the Judgment and Decree of the lower appellate Court in
modifying the Judgment and Decree of the trial Court by increasing the share of
the plaintiff in the plaint schedule property is perverse in its appreciation and
finding?"
Hence in the above said circumstances, notice is ordered to the
respondent.
The appellants' counsel is permitted to take out notice to the respondent
and file proof of service within two (2) weeks from today.
However, it is made clear that the final decree proceedings may go on
before the trial Court except passing of the final decree, pending further orders.
Post after four (4) weeks."
| Sd/-E.KameswaraRao
ASSISTANT REGISTRAR
TRUE COPY!)
| F
| SECTION OFFICER
To, oo a
1. The XI Additional District Judge, Tenali, Guntur District.
2. Jetti Bala Krushna Kumari, W/o. Satyanarayana, Aged 68 years, R/o.
Angalakuduru Village, Tenali Mandal, Guntur District, Andhra Pradesh (by
RPAD)
3. One CC to Sri Srinivasa Rao Bodduluri, Advocate [OPUC]
4. One spare copy
SP
/
HIGH COURT
BKMJ
DATED: 15/02/2021
POST AFTER FOUR (4) WEEKS
ORDER
SA.No.442 of 2019
DIRECTION EOS on
19FER202
