ORDER:

1. The present Civil Revision Petition filed against the Order dated 13.09.2023 passed in I.A.No.357 of 2017 in O.S.No.37 of 2016 by the Principal Senior Civil Judge, Machilipatnam, Krishna District.

2. The Petitioner is the Plaintiff. The suit O.S.No.37 of 2016 was filed seeking for partition of the suit schedule properties consisting of ‘A’ schedule property of an extent of Ac.2-14 cents of wet land in R.S.No.201/4A, out of Ac.2-64 cents, situated in Gollapalem Gram Panchayat, Nelakurru Revenue Village, Bandar Mandal and ‘B’ schedule property of an extent of an extent of Ac.1-34 cents in R.S.No.407/4A, situated in Chinnapuram Revenue Village, Chinnapuram Gram Panchayat, Bandar Mandal.

3. In Paragraph No.9 of the Written Statement filed by the Defendant No.1, it was admitted that the plaint ‘A’ schedule property is the ancestral property and liable for partition into 4 equal shares amongst the Plaintiff and the Defendants. At paragraph No.19, the Defendant No.1 sought for a decree to be passed with regard to ‘A’ scheduled property into four equal and equitable shares and allot one such share to each of the Plaintiff and Defendant Nos.1 to 3.

4. The dispute was only with regard