P. Narasimha @ Emmadi Narsimha Reddy VS Emadi Dayakar Reddy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

P.NAVEEN RAO, G.RADHA RANI
P. Narasimha @ Emmadi Narsimha Reddy – Appellant
Versus
Emadi Dayakar Reddy – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:M. Srinivas, Advocate
For the Respondent:L. Prabhakar Reddy, Advocate

JUDGMENT

P. Naveen Rao, J.—Heard learned senior counsel Sri E. Madan Mohan Rao, appearing for Sri M. Srinivas for appellant and learned counsel Sri L. Prabhakar Reddy for respondents.

2. This appeal is preferred against the order in I.A.No.515 of 2016 in O.S.No.69 of 2015 on the file of XII Additional District Judge, Ranga Reddy District at Vikarabad, filed under Order VII Rule 11 of Code of Civil Procedure, 1908 (for short, ‘CPC’) to reject the plaint. As dispute is in narrow compass, with the consent of both counsels, this appeal itself is taken up for final disposal. Parties are referred to as arrayed in the Trial Court.

3. According to plaintiff, his late father Ramakrishna Reddy owned Acs.53.23 guntas of land in Bakaram village. After his death, plaintiff and his brother late Sriram Reddy had oral partition and both are in joint possession of respective shares. After the demise of Sriram Reddy, his children and plaintiff have been cultivating the land in their respective shares i.e., Acs.26.32 and Acs.26.31 respectively. According to the plaintiff, from out of their share, the defendants sold Acs.22.00 leaving with them only Acs.4.32 guntas. Plaintiff sold Acs.5.00 guntas leavi