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SUBBA REDDY SATTI
Adusumalli Srinivasa Rao S/o Late Chalapati Rao – Appellant
Versus
Adusumalli Subba Rao S/o Late Chalapati Rao – Respondent
ORDER :
1. 1st Defendant in the suit filed the above revision against the order dated 12.07.2022 in I.A. No. 267 of 2021 in O.S. No. 22 of 2014 on the file of XI Additional District Judge, Tenali.
2. 1st Respondent, being the plaintiff filed suit O.S. No. 22 of 2014 against the revision petitioner and 2nd respondent herein seeking partition of plaint schedule properties.
3. As per the averments in the plaint, plaintiff and defendants are the children of Adusumalli Chalapathi Rao and Annapurnamma; that plaint A schedule property is the ancestral property of Chalapathi Rao; that plaint B schedule property was purchased by Chalapathi Rao under a registered sale deed dated 13.10.1983 and plaint C schedule property belonged to A. Annapurnamma and she purchased the same under a registered sale deed dated 31.12.1971; that brother of Chalapati Rao, by name Ramamohana Rao died intestate; that even after death of Ramamohana Rao, his heirs and Chalapathi Rao are jointly enjoying the joint family properties; that Chalapathi Rao and children of Ramamohana Rao partitioned the joint family properties under a registered partition deed dated 10.12.2018; that in the said partition, ‘A’ schedule propert
Amendments to pleadings should be allowed to facilitate justice when trial has not commenced and do not prejudice the opposing party.
A granddaughter is entitled to seek partition of ancestral property, even during her father's lifetime, establishing daughters as coparceners under Hindu law.
The amended Hindu Succession Act entitles daughters to seek partition regardless of prior registered partitions, affirming their rights to joint family properties.
An application to amend the plaint is maintainable even after passing of the preliminary decree, since the suit is not terminated and proceedings are continuous.
The court concluded that the issues of property nature and limitation are mixed law and fact, necessitating trial rather than dismissal under Order VII Rule 11 of CPC.
The main legal point established in the judgment is the interpretation of joint family property and the necessity of impleading necessary or proper parties in a suit.
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