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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Surender, J
Sakki Laxmi – Appellant
Versus
Gaini Gangamani – Respondent
ORDER :
1. The revision petitioners, who are defendants 1 to 3, 5, and 6 in O.S. No. 281 of 2021, have filed this revision petition challenging the order dated 13.6.2024, passed in I.A. No. 1728 of 2021 in O.S. No. 281 of 2021 by the Principal Junior Civil Judge- cum-Judicial Magistrate of First Class, Nizamabad.
2. Briefly, the facts of the case are that the suit in O.S. No. 281 of 2021 has been instituted by the Respondents/Plaintiffs seeking partition and separate possession of joint family properties concerning the suit Schedule Properties detailed in Schedule A and B of the plaint. It has been stated that Begari Pochiga alias Begari Posheety, the father of Respondents/Plaintiffs Nos. 1 and 2, and Petitioners Nos. 4 and 5/Defendants Nos. 5 and 6, as well as the father-in-law of Petitioner No. 1/Defendant No. 1 and the paternal grandfather of Petitioners Nos. 2 and 3/Defendants Nos. 2 to 4, was the owner and possessor of the suit schedule properties described in Schedule A and B. The plaintiffs assert that following the death of Begari Posheety in 1998, Defendants Nos. 1 to 3, 5, and 6 managed to have the suit schedule properties mutated in their names by influencing the revenue a
A partition suit can proceed if the plaint discloses a cause of action, and issues of limitation and court fees will be determined at trial.
A plaintiff asserting ownership based on historical rights and alleged partition must be permitted to pursue relief through trial when faced with disputed claims and questions of fact.
Daughters have equal rights as sons in ancestral property under the Hindu Succession Act, 2005, regardless of prior claims of partition.
A plaint can be rejected under Order VII Rule 11 if it fails to disclose a cause of action, and the burden lies on the plaintiff to provide necessary documentation to substantiate claims, especially ....
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