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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T Mallikarjuna Rao
K. Doraswamy Naidu – Appellant
Versus
K Markonda Naidu – Respondent
JUDGMENT:
T MALLIKARJUNA RAO, J.
1. The Appellant/Plaintiff filed this Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 29.03.2010 passed in A.S. No.122 of 2000 on the file of VIII Additional District Judge (Fast Track Court), Chittoor (for short, 'the 1st Appellate Court') reversing the Judgment and decree, dated 05.06.2000 passed in O.S. No.320 of 1994 on the file of Principal Junior Civil Judge, Chittoor (for short ‘the trial Court’).
2. The Appellant/1st Respondent is the Plaintiff, who filed the suit in O.S.No.320 of 1994 seeking to pass a preliminary decree for division of plaint schedule properties into two equal shares by taking into account the good and bad qualities and to allot one such share to the Plaintiff.
3. It is expedient to refer to the parties as they are initially arrayed in the suit in O.S.No.320 of 1994 to mitigate confusion and better comprehend the case.
4. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows:
(a) The 1st Defendant, the Plaintiff's younger brother, and their father, K. Ramaiah Nai
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In a partition suit, all legal heirs must be parties, and failing to prove a settlement deed invalidates claims to partition. The court upheld the necessity for complete participation of all heirs in....
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