M. SATYANARAYANA MURTHY, J.

The plaintiff in O.S. No. 175 of 2003 on the file of the Principal Senior Civil Judge, Ongole, who is the appellant in A.S. No. 34 of 2009 on the file of the II Additional District Judge (Fast Track Court) Ongole preferred this appeal under Section 100 of Code of Civil Procedure (for short, hereinafter, referred to as CPC) challenging the dismissal of the suit by the Trial Court and affirmed by the 1st appellate Court.

For the sake of convenience, the parties to the appeal will be referred hereinafter throughout the judgment as arrayed before the trial Court.

Plaintiff filed the suit for partition of Plaint A & B schedule property into three equal shares and to allot 1/3rd share to the plaintiff declaring that the sale deed dated 04.12.2002 executed by the 1st defendant in favour of the 2nd defendant is nominal, collusive, sham and not binding on the plaintiffs 1/3rd share in the plaint B schedule property and for future profits alleging that the plaintiff and 3rd defendants are daughters of the 1st defendant and Setharavamma.

Plaintiffs elder sister is the wife of 2nd defendant and her marriage was performed long prior to 1985. Plaintiffs marriage