Kangula Krishnarao vs Kanugula Prabhakara Rao
2022 Latest Caselaw 5098 AP

        HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: S.A.No.192 of 2022
                               PROCEEDING SHEET
Sl.
                                                                                  OFFICE
No.     DATE                                ORDER
                                                                                   NOTE
08    10.08.2022   SRS,J
                               S.A.No.192 of 2022
                         Defendant No.4 in O.S.No.319 of 2014
                   on the file of the Principal Senior Civil Judge,
                   Srikakulam filed the present appeal.
                         Respondent Nos.1 to 3 herein filed

O.S.No.319 of 2014 on the file of Principal Senior Civil Judge, Srikakulam, against the appellant for partition of the plaint schedule property. By judgment and decree dated 10.12.2019, trial Court dismissed the suit. Against the same, plaintiffs filed A.S.No.12 of 2020 on the file of the II Additional District Judge, Srikakulam. First Appellate Court by judgment and decree dated 18.11.2021 allowed the appeal and decreed the suit declaring that the plaintiffs have 1/4th share each over the plaint schedule property. Against the same, the present appeal is filed.

Learned counsel for the appellant would contend that the suit for partial partition is not maintainable.

Admit.

The following substantial question of law is framed for consideration.

"Whether the judgment of the first appellate Court is vitiated for ignoring to consider that the suit for partial partition is not maintainable?"

_______ SRS,J I.A.No.01 of 2022

Issue notice to the respondents returnable by 01.09.2022.

Learned counsel for the petitioner is permitted to take out notice to the respondents by registered post with

acknowledgement due and file proof of service into the Registry.

Since the appeal is admitted, there shall be stay of passing of final decree alone, but other proceedings shall go on.

Post on 01.09.2022.

_______ SRS,J Ksp