P Lingamma vs Smt C.S.Sharada Died
2021 Latest Caselaw 1233 AP

      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?

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

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

Second Appeal No.50 of 2018

Dated: 01.03.2021

TM