VATHADA MOHANA RAO KAKINADA EAST GODAVARI DISTRICT vs VATHADA NARASAMBA (DIED) AND 26 OTHERS EAST GODAVARI DIST

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2025 Supreme(Online)(AP) 22013

APHC010358571998 2025:APHC:63104 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3367]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS APPEAL SUIT NOs: 1412 OF 1998, 1479 OF 1999 &
769 OF 2009 Between in A.S.No.1412 of 1998:
1. PALEPU APPAYAMMA (DIED), KHAMMAM KHAMMAM DISTRICT.
2. V. TATARAO, S/O APPALASWAMY CULTIVATION R/O BALUSUTIPPA, MUMMIDIVARAM D.M.C., EAST GODAVARI DIST.
3. V. BABJI, S/O MUTHYALU CULTIVATION R/O BALUSUTIPPA, MUMMIDIVARAM D.M.C., EAST GODAVARI DIST.
4. V. MANGAYAMMA, W/O NAGESWARARAO R/O BALUSUTIPPA, MUMMIDIVARAM D.M.C., EAST GODAVARI DIST.
5. V. GOVINDU, W/O NAGESWARARAO CULTIVATION R/O BALUSUTIPPA, MUMMIDIVARAM D.M.C., EAST GODAVARI DIST.
6. V. TATA RAO, S/O NAGESWARARAO CULTIVATION R/O BALUSUTIPPA, MUMMIDIVARAM D.M.C., EAST GODAVARI DIST.
7. V. LAXMI, W/O KAMESWARA RAO CULTIVATION R/O BALUSUTIPPA, MUMMIDIVARAM D.M.C., EAST GODAVARI DIST.
8. V.BHAIRAVI, D/O KAMESWARA RAO R/O BALUSUTIPPA, MUMMIDIVARAM D.M.C., EAST GODAVARI DIST.
9. P. APPA RAO, S/O LATE SATHIRAJU CULTIVATION R/O BALUSUTIPPA, KATRENIKONA (M), EAST GODAVARI DIST.
10. B. APPAYAMMA, W/O KAMESWARA RAO HOUSEWIFE R/O KOTHAPALEM (V), KATRENIKONA (M), EAST GODAVARI DIST.
11. M. SATYANARAYANAMMA, W/O CHINA DHARMA RAO HOUSEWIFE R/O KOTHAPALEM (V), KATRENIKONA (M), EAST GODAVARI DIST.
12. P. NARAYANAMMA, W/OLATE PERRAJU HOUSEHOLD R/O SATELITE CITY, RAJAHMUNDRY, E.G. DIST.
13. P. SATHI BABU, S/OLATE PERRAJU CULTIVATION R/O SATELITE CITY, RAJAHMUNDRY, E.G. DIST.
...APPELLANT(S)
AND
1. VATHA MOHANA RAO, S/O SREERANGANATHA LAKSHMNA SWAMY EMPLOYEE R/O KAKINADA, AT PRESENT HYDERABAD
2. V NARASAMAMBA DIED, W/O SREERANGANATHA LAKSHMNA SWAMY R/O KAKINADA, AT PRESENT HYDERABAD
3. V SRI RAMA JAGANNATHA MEERESWARA RAO THAMBI, S/O SRI RANGANATHA LAKSHMANA SWAMY BUSINESS R/O 60-2-2, JAGANNAIKPUR, KAKINADA
4. V SUWARNA LAKSHMI, D/O V.S.J. MEERESWARA RAO STUDENT R/O KAKINADA
5. V RAVI KIRAN, S/O V.S.J. MEERESWARA RAO STUDENT R/O KAKINADA
6. SEROU TOULASAI, W/O POLAYYA MME SEROUT, 14, RUE EDMOND RESTAND, 600200-COMPEEGNE (FRANCE)
7. M NAGAMANI, W/O LAKSHMI NARASIMHA VARMA HOUSEWIFE C/O MLN VARMA, ASST. DIV. ENGINEER, KOTHAGUDEM THERMAL POWER STATION, C.C.
COLONY, A.J.E. 69, 8. SMT G RAJANI, W/O PUSHPA RAJU HOUSEWIFE R/O C/O G. PUSPARAJU, H.NO.8-1-98, BALAJI TEMPLE, SHINAJI NAGAR, 9. M DHANARAJU, CULTIVATION R/O BALASUTHIPPA (V), MUMMIDIVARAM DMC, EAST GODAVARI DIST.
10. V APPALASWAMI, CULTIVATION R/O BALASUTHIPPA (V), MUMMIDIVARAM DMC, EAST GODAVARI DIST.
11. V VENKAYAMMA DIED, S/O BALARAJU R/O JAGGAYYAPET, KRISHNA DIST.
12. V THIMMARAJU, BOAT OWNER NEAR CHODAY APPANNA ENGINEERING COMPANY, JAGANNAICKPUR, KAKINADA ...RESPONDENT(S):
Between in A.S.No.1479 of 1999:
VATHADA MOHANA RAO, KAKINADA, EAST GODAVARI DISTRICT, S/O. SREERANGANATHA LAKSHMANA SWAMY, HINDU BUSINESS R/O. D.NO. 7-7-2/B, SIDDHARTHA NAGAR, KAKINADA, EAST GODAVARI DISTRICT.
...APPELLANT AND
1. VATHADA NARASAMBA DIED AND 26 OTHERS EAST GODAVARI DIST, S/O. P.SOMAIAH AGRIL., R/O. MYLARDEVPALLI VILLAGE RAJENDRANAGAR MANDAL RANGA REDDY DISTRICT AND 18 others, -
...RESPONDENTS Between in A.S.No.769 of 2009:
VATHADA MOHANA RAO, KAKINADA, EAST GODAVARI DISTRICT, S/O. SREERANGANATHA LAKSHMANA SWAMY, HINDU BUSINESS R/O. D.NO. 7-7-2/B, SIDDHARTHA NAGAR, KAKINADA, EAST GODAVARI DISTRICT.
...APPELLANT AND
1. VATHADA NARASAMBA DIED AND 26 OTHERS EAST GODAVARI DIST, S/O. P.SOMAIAH AGRIL., R/O. MYLARDEVPALLI VILLAGE RAJENDRANAGAR MANDAL RANGA REDDY DISTRICT
2. VATHADA SRIRAMA JAGANNADHA MEESWARA RAO THAMBI, S/O. SRIRANGANADHA LAKSHMANA SWAMI, HINDU BUSINESS C/O.M/S. RAKI INDUSTRIES, NEAR M/S. BHAVANI CASTINGS, PITHAPURAM ROAD, KAKINADA, 3. VATHADA SUWARNA LAKSHMI, D/O. SRIRAMA JAGANNADHA MEERESWARA RAO, HINDU C/O. V.JAGANNADHA MEERESWARA RAO, M/S. RAKI INDUSTRIES, PITHAPURAM ROAD, KAKINADA, EAST GODAVARI DISTRICT.
4. VATHADA RAVIKIRAN, S/O. SRIRAMA JAGANNADHA MEERESWARA RAO, HINDU C/O. HARIDATTA COMMUNICATIONS (TATA INDICOM), TEMPLE STREET, OPP: J.J. DENTAL CLINIC, KAKINADA, EAST GODAVARI DISTRICT.
5. SEROU TULASI, W/O. POLAYYA, HINDU HOUSEWIFE MME SEROU T., 3, RUE DE LA JUSTICE, 93800, EPINAY, SUR SEINE, FRANCE.
6. MARRI NAGAMANI, W/O. LAKSHMI NARASIMHA VARMA, HINDU HOUSEWIFE C/O. M.L.N.VARMA, S.E. (RETD), PRIYA APARTMENTS, BEHIND SARATHI STUDIO, AMEERPET, HYDERABAD.
7. SMT G RAJANI, W/O. PUSHPARAJU, HINDU HOUSEWIFE R/O. D.NO. 70-7-2/B, SIDDARTHA NAGAR, BEHIND ENGINEERING COLLEGE, KAKINADA, EAST GODAVARI DISTRICT.
8. PALAPU APPAYAMMA DIED, MAHABUBNAGAR, I & CAD DEPARTMENT, HYDERABAD
9. MALLADAI DHANA RAJU DIED, MAHABUBNAGAR, I &
CAD DEPARTMENT, HYDERABAD
10. VYDHANI APPALASWAMI DIED, W/O. THOTA SAMBASIVA RAO, HOUSEHOLD R/O. D.NO. 67-9-70, DARSIPET, 2ND LANE, VIJAYAWADA, 11. VYDHANI VENKATAYYAMMA DIED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT FLAGSTONE TOWERS , 36 , FINANCIAL DISTRICT , NANAKRAMGUDA (V), GACHIBOWLI HYDERABAD - 500
032 , REPRESENTED BY ITS DIRECTOR
12. VOLETI THIMMARAJU, S/O. NOT KNOWN, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
13. VYDHANI TATA RAO, S/O. APPALASWAMY, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
14. VYDHANI BABJI, S/O. MUTHYALU, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
15. VYDHANI MANGAYAMMA, W/O. NAGESWARA RAO, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
16. VYDHANI GOVINDU, S/O. NAGESWARA RAO, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
17. VYDHANI TATA RAO, S/O. NAGESWARA RAO, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
18. VYDHANI LAKSHMI, W/O. KAMESWARA RAO, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
19. VIDHANI BHAIRAVI, D/O. KAMESWARA RAO, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
20. PALEPU APPA RAO, S/O. SATHIRAJU, HINDU CULTIVATION R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
21. PALEPU NAYANAMMA, W/O. NOT KNOWN TO THE APPELLANTS R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
22. PALEPU SATTIBABU, S/O. NOT KNOWN TO THE APPELLANTS R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
23. CHEKKA DHANALAKSHMI, W/O. NOT KNOWN TO THE APPELLANTS R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
24. CHEKKA PARVATHI, S/O. NOT KNOWN TO THE APPELLANTS R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
25. PALEPU THRIMURTHULU, S/O. NOT KNOWN TO THE APPELLANTS R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
26. PALEPU BALARAJU, S/O. NOT KNOWN TO THE APPELLANTS R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
27. PALEPU LOVARAJU, W/O. NOT KNOWN TO THE APPELLANTS R/O. BALUSUTIPPA, KATRENIKONDA MANDAL, EAST GODAVARI DISTRICT.
...RESPONDENT(S):
Appeals in A.S.Nos.1412 of 1998 and 1479 of 1999 against the Judgement and Decree in O.S.No.125 of 1986 dated 16-4- 1998 on the file of the I Addl. Senior Civil Judge, Kakinada, East Godavari Dist.
Appeal against the Judgment and Decree in I.A.No.136 of
2000 in O.S.No.125 of 1986, dated 31-08-2009 on the file of the Court of the 1st Additional Senior Civil Judge, Kakinada.
IA NO: 1 OF 1998(CMP 14755 OF 1998 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare appellant No.8 V. Bhairavi (Defendant No.19) as a major and discharge his guardian IA NO: 2 OF 1998(CMP 15452 OF 1998 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in O.S. 125/1986 on the file of I Addl. Senior Civil Judge, Kakinada, in so far as it relates to Item No.1 of Plaint 'A'
Schedule properties, pending disposal of the appeal IA NO: 3 OF 1998(CMP 19603 OF 1998 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the stay granted in CMPNo.14542/98 in AS No.1412/98 dt: 10-8-1998 IA NO: 1 OF 2000(CMP 3988 OF 2000 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 34 days in bringing the LRs Deceased Appellant No.1 IA NO: 2 OF 2000(CMP 3989 OF 2000 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to set aside the abatement caused due to the death of 1st petitioner/appellant herein IA NO: 3 OF 2000(CMP 3990 OF 2000 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring on record the appellants 9 to 13 in the above cause title as the legal representatives of the deceased-1st appellant in the above Appeal Suit No.1412 of 1998 IA NO: 1 OF 2007(ASMP 291 OF 2007 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for hearing the above appeal and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IA NO: 1 OF 1999(CMP 4132 OF 1999 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 2 OF 1999(CMP 11891 OF 1999 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2011(ASMP 2817 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to take notice to the respondents 2, 3, 6, 7 and 12 in the above appeal through substitute service by way of paper publication in "SAKSHI" District Edition in East Godavari District, and pass IA NO: 2 OF 2011(ASMP 3310 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 4 OF 2011(ASMP 16460 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2013(ASMP 2842 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to extend the time granted on 1- 10-2013 in AS MP No. 2817 of 2011 in AS No. 1479 of 1999 by (30) more days from today to enable the petitioner to comply with the order dated 1-10-2013 in AS MP NO. 2817 of 2011 and pass IA NO: 1 OF 2009(ASMP 2285 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to expedite the hearing of the appeal by fixing an early date and pass such other order or orders as are deemed fit and proper.
IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the return of the material part of record in F.D.I.A. No. 136 of 2000 in O.S. No. 125 of 1986 on the file of I Additional Senior Civil Judge, Kakinada which was submitted to the Hon’ble High Court of reference in A.S. No.769 of 2009 and to pass Counsel for the Appellant(S) in A.S.No.1412 of 1998:
M V SURESH Counsel for the Respondent(S):
A K KISHORE REDDY Counsel for the Appellant in A.S.Nos.1479 of 1999 &
769 of 2009:
A K KISHORE REDDY The Court made the following:

COMMON JUDGMENT:

The regular appeals in A.S.Nos.1412 of 1998 and 1479 of 1999 under Section 96 Code of Civil Procedure are directed against the decree and judgment in O.S.No.125 of 1986 dated 16.04.1998 on the file of the Court of learned I Additional Senior Civil Judge at Kakinada.

2. The appeal in A.S.No.769 of 2009 under Section 96 Code of Civil of Civil Procedure is directed against the order in I.A.No.136 of 2000 in O.S.No.125 of 1986 dated 31.08.2009 on the file of the Court of learned I Additional Senior Civil Judge at Kakinada (hereinafter referred to as “Trial Court”).

3. The plaintiff, before the Trial Court, is the appellant in A.S.Nos.1479 of 1999 and 769 of 2009 as well the defendant Nos.8, 13 to 19, before the Trial Court, are the appellants in A.S.No.1412 of 1998.

4. During the pendency of the appeal in A.S.No.1412 of 1998, the appellant No.1/defendant No.8 died and her legal representatives were added as appellant Nos.9 to 13 vide order dated 14.03.2000 in C.M.P.Nos.3988, 3989 and 3990 of 2000.

5. The appellant in A.S.Nos.1479 of 1999 and 769 of 2009 instituted the suit for partition of plaint A schedule item Nos.1 to 4 and B schedule properties into 18 equal shares, for allotment of eight contiguous shares to the plaintiff, for partition of plaint A schedule item No.5 into six equal shares, for allotment of two such shares to the plaintiff and for mesne profits from 1983 till the date of suit and also future profits and costs.

6. Before adverting to the material and evidence on record and nature of findings in the judgment of the Trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.

7. For the sake of convenience, the parties hereinafter referred to as they arrayed before the trial Court.

8. The case of the plaintiff in brief in the plaint was as follows:

(i) The defendant No.1 is the mother of the plaintiff and defendant Nos.2, 5 to 7. Defendant Nos.3 and 4 are the children of defendant No.2. During the life of husband of defendant No.1 by name Sriranganadha Lakshmanaswamy, who worked in the Forest Department up to 1969, performed the marriages of defendant Nos.2, 5 and 6.

(ii) There are disputes that arose between the defendant No.2 and his father said Lakshmanaswamy, resulted he (defendant No.2) got separated from his father in the year 1975. He used to reside in the plaint B schedule house property till 1976 and went away from the said house premises and staying in a rented house.

(iii) During the lifetime of said Lakshmanaswamy, he constructed B schedule house property and purchased some other landed properties also, including item Nos.1 to 4 of the plaint A schedule with his self-acquisitions. After construction of B schedule house, it is in the exclusive enjoyment of the plaintiff’s family members with absolute title and right.

(iv) The plaintiff came to know that the vacant site, on which his father Lakshmanaswamy got the house constructed, was got by him after getting it relinquished by the plaintiff’s paternal uncle. The paternal uncle of the plaintiff also knew that the father of the plaintiff is the exclusive owner of the plaint B schedule property and he is enjoying the same as such.

(v) Though the father of the plaintiff purchased item Nos.1 to 4 of the plaint A schedule property, it was treated as joint family property. There was a combination of the self-acquisitions and the joint family property. Item No.5 of the plaint A schedule property is the property in the name of deceased sister of the plaintiff by name Vathada Radha Neeraja, who is unmarried.

(vi) After death of father of the plaintiff, defendant No.2 came to manage the properties. However, the father of the plaintiff died leaving debts due to Agricultural Development Bank under loan No.2453, a promissory note debt due to Katakam Padma Venkatalakshmi of Divili and a gold loan due to State Bank of India, Jagannaickpur, Kakinada. Except the above debts, there are no other debts.

(vii) As the plainti

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