Pitta Samadana Swarooparani VS Pitta Kumari

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAVI NATH TILHARI
Pitta Samadana Swarooparani – Appellant
Versus
Pitta Kumari – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners: Sri Sreenivasa Rao Velivela

JUDGMENT

Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioners, who appeared through virtual mode.

2. This civil revision petition under Article 227 of the Constitution of India has been filed by the defendants in the suit challenging the Order dated 08.11.2024 in I.A.No.1123 of 2024 in O.S.No.72 of 2015 passed by the learned Court of XV Additional District Judge, Krishna District at Nuzvid, which was filed by the respondents/plaintiffs under Order VI Rule 17 and Section 151 CPC for amendment of the plaint in the suit for partition.

3. The respondents filed the suit for partition with respect to the plaint schedule five items in number, claiming 25 shares after division of the said properties into 49 full shares. The case of the plaintiffs was that the 1st plaintiff-Pitta Kumari was the mother of the plaintiffs No.2 to 4. The 1st plaintiff was married to Pitta Venkata Ratnam on 09.01.1974 as per Hindu religious rites and caste customs which prevailed in their community. While the marriage of the 1st plaintiff was subsisting with Venkata Ratnam, he married 1st defendant-Pitta Samadana Swarooparani. Defendants No.2 to 4 are the children from that marriage. Inter alia