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2024 Supreme(Online)(TS) 17115

HIGH COURT OF TELANGANA
G.RADHA RANI, J
Mohd Abdul Hadi – Appellant
Versus
Mohd. Abdul Rasheed – Respondent


JUDGEMENT

This second appeal is filed by the appellants-defendants 1 to 3 aggrieved by the judgment and decree dated 10.02.2010 in A.S.No.76 of 2007 passed by the XI Additional Chief Judge, City Civil Court, Hyderabad, confirming the judgment and decree dated 06.11.2006 passed in O.S.No.3152 of 2004 by the VII Senior Civil Judge, City Civil Court, Hyderabad.

2. The parties are hereinafter referred as arrayed before the trial court.

3. The respondent No.1 – plaintiff filed the suit for partition against the appellants herein, who were his younger brothers and against respondents 2 and 3, who were his elder sisters seeking partition of the house bearing No.18- 7-316/33. As per the plaintiff, the father of the parties purchased the suit schedule house during his life time in the name of the mother of the parties.

The father of the parties died in the year 1967 and the mother of the parties, by name, Zahra Bee died on 13.07.1987. The respondents 2 and 3-defendants 4 and 5 were already married during the life time of the mother of the parties.

The plaintiff and defendants 1 to 3 i.e., the petitioners herein resided in the suit schedule property. Thereafter, differences cropped up between the

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