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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
P. Lakshmi Narasimha Murthy – Appellant
Versus
G. Ranga Nayaki – Respondent
| Table of Content |
|---|
| 1. estate rights and family arrangements (Para 2 , 4 , 5 , 12) |
| 2. court's analysis on validity of family arrangements (Para 9 , 13 , 15 , 16) |
| 3. arguments regarding the family arrangement's legality (Para 10 , 11 , 14) |
| 4. dismissal of second appeal (Para 17) |
JUDGMENT :
RENUKA YARA, J.
Heard Sri B. Ravindra Reddy, learned counsel for the appellant/respondent No.2/defendant No.3 and Sri G. Sreenath, learned counsel for respondent No.1/appellant/ defendant No.2, on the question of admission. Perused the record.
2. This Second Appeal is preferred aggrieved by the Judgment and Decree dated 06.03.2025 in A.S.No.141 of 2019 passed by the learned XI Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar (for short ‘the First Appellate Court”) setting aside the Judgment and Decree dated 18.01.2018 in O.S.No.1349 of 2008 passed by the learned II Additional Senior Civil Judge, L.B.Nagar, Ranga Reddy District (for short ‘the Trial Court’), wherein, the suit for partition and separate possession was dismissed i.e. vide judgment and decree in First Appeal, the suit has been decreed.
3. For the sake of convenience, the parties are referred as they are referred in the su
A Family Arrangement that excludes Class-I legal heirs is invalid, and all heirs must be consulted for a legally enforceable partition.
A Second Appeal lacks merit if it raises factual disputes already resolved by lower courts and does not present a substantial question of law.
A partition deed made in good faith to resolve family disputes is legally binding, and claims of ownership must adhere to existing rights.
The heavy burden of proof upon the proponent of oral partition before it is accepted, as per the settled principle of law by the Apex Court.
The validity of a family partition deed is upheld unless proven otherwise, and the burden of proof lies on the party challenging its authenticity.
The mother of a deceased Hindu male is a Class-I heir and entitled to a share in the property left by the deceased. Her legal heirs are also entitled to a share after her death.
A second appeal under Section 100 of the CPC can only be admitted if substantial questions of law arise; in this case, no such questions were found.
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