P. Hemalatha VS Sivareddy Syamalamma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

V. GOPALA KRISHNA RAO
P. Hemalatha – Appellant
Versus
Sivareddy Syamalamma – Respondent

Counsel for the Parties:
For the Appellant:M. Ravindra, Advocate
For the Respondent:3427/Bhaskar Gorla, 6592/S Lakshminarayana Reddy and S Lakshminarayana Reddy, Advocates

JUDGMENT (COMMON)

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellant/plaintiff challenging the Decree and Judgment, dated 18.08.2003, in O.S. No.55 of 1993 passed by the learned Additional Senior Civil Judge, Nellore [for short ‘the trial Court’]. The Respondents herein are the defendants in the said Suit. The defendants 1 and 2 filed cross objections questioning the decree and judgment passed by the trial Court.

2. The Plaintiff filed the above said suit for partition of the property described in the plaint schedule into 3 equal shares and to allot one such share to the plaintiff and to put her in separate possession and to pass preliminary decree accordingly.

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.55 of 1993, are as under:

Late Dodla Venkata Subbareddy, the father of the plaintiff had bequeathed an extent of Ac.4.21 cents of wet land shown in item No.3 of the plaint A schedule to his wife Kotamma through a settlement deed dated 21.05.1957, since then she is in exclusive possession over the same. An extent of Ac.5