V. Chandramouli vs V. Veera Subrahmanyam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 1181

V. GOPALA KRISHNA RAO
V. Chandramouli – Appellant
Versus
V. Veera Subrahmanyam – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Nimmagadda Revathi
For the Respondent: Vajjhala Satyanarayana Prasad

JUDGMENT :

V. Gopala Krishna Rao, J.

1. This Appeal, under Section 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellant/first defendant challenging the Decree and Judgment, dated 28.10.2002, in O.S. No. 688 of 1991 passed by the learned II Additional Senior Civil Judge, Vijayawada [for short 'the trial Court']. The Respondent herein is the plaintiff in the said Suit.

The second defendant died during the pendency of the suit itself before the trial Court, the first defendant and the plaintiff are none other than the sons of second defendant.

2. The Plaintiff/respondent filed the above said suit for partition of the plaint schedule properties into two equal shares and to allot one such share to the plaintiff and future profits and for costs.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No. 688 of 1991, are as under:

The first defendant is the elder brother of the plaintiff and second defendant is their father. All of them are members of joint Hindu family and they are in joint possession and enjoyment of the plaint schedule properties. The second defendant is t