Alapati Srinivasa Rao vs Inturi Hemasri
2022 Latest Caselaw 5092 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE NO.: S.A.No.332 of 2022
                                    PROCEEDING SHEET
Sl.     Date                                   ORDER                                            OFFICE
No.                                                                                              NOTE

02.   10.08.2022   SRS,J
                                          S.A.No.332 of 2022

                         The    present    second    appeal    is    filed   against      the
                   judgment and decree, dated 05.02.2022 passed in A.S.No.47
                   of 2014 by learned V Additional District Judge, Guntur,
                   confirming the judgment and decree, dated 25.02.2013
                   passed in O.S.No.171 of 2008 on the file of learned Additional
                   Senior Civil Judge, Mangalagiri.

                         The plaintiffs who are claiming right over the suit
                   schedule properties as they are ancestral properties filed
                   aforementioned     suit   seeking      partition     of   the    plaint
                   schedule properties, which are to be divided equally in
                   between defendant No.s1 and 2 and to divide half share of
                   defendant No.1 into three equal shares i.e. among
                   defendant No.1 and his two minor children i.e. plaintiffs.

                         The trial Court by judgment and decree, dated
                   25.02.2013 passed preliminary decree in part for partition
                   of the suit schedule properties. Aggrieved by the same,
                   defendant Nos.4, 5 and 7 preferred A.S.No.47 of 2014 and
                   the same was dismissed confirming the judgment and
                   decree of the trial Court. Aggrieved by the same, defendant
                   Nos.4 and 5 filed the present second appeal.

                         Heard.

                         Admit.

                         The following substantial questions of law arise for
                   consideration.

                      1. Whether the judgments of the Courts below are vitiated
                         in ignoring to consider that all the sharers are not
                         impleaded in the suit for partition and in the absence
                         of    impleadment    of    the   parties,    whether      suit    is
                         maintainable?

                      2. Whether judgments of Courts below are vitiated in not
 considering the admission of respondent No.4 with

regard to oral partition between respondent No.4 and his father?

______ SRS,J ikn