Kosaraju Venkatesh vs Kosaraju Gopala Krishna (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 1477

K. MANMADHA RAO
Kosaraju Venkatesh – Appellant
Versus
Kosaraju Gopala Krishna (Died) – Respondent

Advocates appeared:
T.Sridhar, Advocate, Symala Rani, Advocate, N.Subba Rao, Advocate, R.Sudheer, Advocate

JUDGMENT

1. The Second Appeal has been filed assailing the Judgment and Decree dtd. 16/4/2014, passed in A.S.No.47 of 2011 by the learned II Additional District Judge, Guntur (in short "the first appellate court") in setting aside the Judgment and decree dtd. 7/10/2009 in O.S.No.98 of 2001 passed by the learned Senior Civil Judge, Bapatla (in short "the trial court").

2. The parties will herein after be referred to as they are arrayed in the Original Suit for the sake of convenience.

3. The Appellants herein are the plaintiffs; 1st respondent is the 5th defendant before the trial court, who died and his legal representatives i.e respondents 2 to 4 came on record as per orders of this Court in I.A.No.1 of 2021 dtd. 31/12/2021. The defendants 2 and 3 were given up by the plaintiffs in the suit.

4. The plaintiffs filed the suit seeking to pass a Preliminary Decree for partition of the plaint schedule items 1 to 4 into three equal shares by metes and bounds with reference to good and bad qualities and to allot two such shares to the plaintiffs and for delivery of possession of the same and for future profits.

The averments in the plaint, in brief are as under:-

The plaint schedule prope