Paltheru Krishnamma vs Paltheru Rajeswari
2022 Latest Caselaw 8315 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                      MAIN CASE NO.: S.A.No.484 of 2022
                               PROCEEDING SHEET


Sl.                                                                         OFFICE
No
         Date                               ORDER                            NOTE


01    03.11.2022

SRS, J

S.A.No.484 of 2022

Plaintiffs in suit filed the above second

appeal against the judgment and decree dated

11.07.2022 in A.S.No.53 of 2017 on the file of

II Additional District Judge, Parvathipuram,

confirming the judgment and decree dated

20.10.2017 in O.S.No.78 of 2011 on the file of

Senior Civil Judge, Bobbili.

Suit O.S.No.78 of 2011 was filed by the

plaintiffs seeking partition of plaint schedule

properties and for mesne profits.

Trial Court by judgment dated

20.10.2017 dismsied the suit. Aggrieved by

the same, plaintiffs filed appeal A.S.No.53 of

2017 and the same was dismissed by

judgment and decree dated 11.07.2022.

Assailing the same, the present Second

Appeal is filed.

Heard.

ADMIT.

The following substantial question of

law, arise for consideration, in the second

appeal:

1) Whether in a suit for partition of joint family properties when the defendants pleaded prior partition to whom the burden of proof will lie?

2) Whether there is presumption that the properties of the joint family are presumed to be enjoyed jointly unless severance in status is established by the defendants?

___________ SRS,J PVD