Telangana High Court
Lenkala Santhosh Reddy, Hyd vs Lenkala Dikshitha, Nalgonda Dist And 9 ... on 3 July, 2025
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
TUESDAY, THE TWENTY SEVENTH DAY OF AUGUST
TWO THOUSAND AND THIRTEEN
: PRESENT:
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
AND
THE HON'BLE SRI JUSTICES P. NAVEEN RAO
AS .NO:688 of 2013
(Appeal under Section 96 of C.P.C., against the judgment and
decree dated 15.03.2013 passed in OS No. 11 of 2006 on the file of
the Addl. District Judge - cum- Chairman, Motor Accidents Claims
Tribunal-cum- Special Sessions Judge, for Trial of SCs / STs (POA)
Act Cases, Nalgonda)
Between:
Lenkala Santhosh Reddy S/o.Malla Reddy, Occ: Agriculture and
Advocate, R/o.Vanipakala Village of Chityal Mandal, Nalgonda
District, Presently residing at Hyderabad, H.No. 9-25/1, Lalitha
Nagar, Dilsukhnagar Hyderabad - 60
.....Appellant/Defendant No. 2
AND
1 Lenkala Dilkshitha D/o. Santhosh Reddy, aged 11 years,
being minor rep. by her mother Lenkala Mamatha, W/o.
Santhosh Reddy, Occ: House hold, R/o. presently residing at
Suryapet Town, Nalgonda District
2 Lenkala Malla Reddy S/o. Narayana Reddy, Occ: Agriculture,
R /o . Vanipakala Village of Chityal (M), Nalgonda District,
Presently R/o. H.No. 1-97, Choutuppal (V) and Mandal,
Nalgonda District
3 Lenkala Shyam Sunder Reddy S/o.Malla Reddy, Occ:
Agriculture and Journalist, R/o. Vanipakala Village of Chityal
(M), Nalgonda District presently residing at Hydeabad, H.No.
9-25/1, Lalitha Nagar, Dilsukhnagar, Hyderabad - 60
4 Kongara Babu S/o. Chittaiah, Occ: Business, R/o. H.No. 5-2-
35, Saheb Nagar, Vanasthalipuram, Hyderabad (died per LRs)
5 Madireddy Geetha W/o. Anantha Reddy, Occ: Govt.
Employee, R/o. Lalitha Nagar, Dilsukh Nagar, Hyderabad
6 Kongara Ramulamma W/o. Late Babu,
7 Kongara Narsing Rao S/o. Late Babu
8 Laxmi W/o. Krishna
9 Rani W/o. Mohan
10 Radhika W/o. Laxman Rao
(6 to 10 are R/o. H. No. 5-2-35, Saheb Nagar,
Vanasthalipuram Hyderabad)
.....Respondents
The Appeal coming on for hearing, upon perusing the grounds of
appeal filed herein and upon hearing the arguments of Sri H.
Venugopal, Advocate for the Appellant the Court made the following
ORDER:
"This appeal is filed against the preliminary decree, dated: 15-03-
2013, in O.S. No. 11 of 2006 passed by the Additional District
Judge-cum-Special Sessions Judge for Trial of S.Cs/S.Ts (POA)
Act Cases, Nalgonda.
The appellant is the 2nd Defendant in the Suit. The 1st
respondent, the minor, filed the suit through her mother, for
partition. One peculiar fact to be noticed is that the trial Court
recorded a specific finding in page No. 7 of its judgment that
plaint 'A' schedule property is not available for partition and the
plaintiff/1st respondent cannot claim any share in it. At the end of
the judgment, the trial Court simply held that the plaintiff is
entitled for 1/4th share in the property held by D-2 i.e., the
appellant, without indicating the properties that are available.
However, in the decree, it was directed that the plaintiff i.e. 1st
respondent is entitled to 1/4th share in the plaint 'A' schedule
property held by D-2/appellant.
..2..
The learned Presiding Officer is directed to look into the
judgment and decree and verify whether the decree was drawn
in conformity with the judgment.
The result of such verification shall be communicated to the
Registry within a period of 15 days from today".
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
1. The Additional District Judge-cum-Chairman, Motor Accident
Claims Tribunal-cum-Special Sessions Judge, for Trial of
S.Cs/S.Ts (POA) Act Cases, Nalgonda, Nalgonda District. (BY
RPAD)
2. The Section Officer, Appeal Filing Section, High Court of
A.P., Hyderabad.
3. The Registrar (Judicial), High Court of A.P., Hyderabad.
4. One CC to Sri H. Venugopal, Advocate (OPUC)
5. One spare copy.
Ksv
HIGH COURT
LNRJ
&
PNRJ
DATE: 27-08-2013
ORDER
AS NO. 688 OF 2013
DIRECTION
