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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, N.TUKARAMJI
T.Usha Rani – Appellant
Versus
Meera Sinha – Respondent
JUDGMENT :
N.Tukaramji, J.
We have heard Sri Vedula Srinivas, learned Senior Counsel, on behalf of Sri Thakur Nitender Singh, learned counsel for the appellant/petitioner, Sri A.Venkatesh, learned Senior Counsel, on behalf of Sri M.S.Achyuth Bharatwaj, learned counsel for the respondent No.1 and Ms.Bhagya Laxmi Rathor, respondent No.2 appeared as party-in-person.
2. C.M.A.No.474 of 2022 has been filed challenging the order dated 22.08.2022 in I.A.No.548 of 2021 and C.M.A.No.478 of 2022 has been directed against the order dated 22.08.2022 in I.A.No.545 of 2021 in O.S.No.73 of 2021. Both these Interlocutory Applications were adjudged by a common order dated 22.08.2022, passed by the learned III Additional District Judge, FAC IV Additional District Judge, Sangareddy.
3. The impugned order being common and prayers in the Interlocutory Applications being similar, both the appeals are heard together and are being decided by this common order.
4. The appellant/plaintiff, who is sister of the respondents/defendants filed the suit vide O.S.No.73 of 2021 seeking partition and separate possession of agricultural land admeasuring Ac.6-00 gts., in Sy.Nos.1007, 1010, 1011 and 1012, situated at Ameenp
The court emphasized that without evidence of a partition deed, parties remain joint owners, and injunctions are justified to prevent prejudice pending adjudication.
A joint family property remains so despite claims of prior partition; a coparcener retains rights to inheritance under the Hindu Succession Act.
Injunctions cannot be granted against co-owners in partition suits; however, maintaining Status-Quo is reasonable to prevent interference during ongoing disputes.
A suit for partition may be maintainable without including all properties, and claims of prior arrangements need substantial evidence to be valid.
Joint family property requires supporting evidence for claims of individual ownership; the absence of documentation for partition nullifies individual assertions of property exclusive rights.
The presumption of a joint family exists unless proven otherwise; the burden rests on the party claiming a prior partition.
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