THE HON’BLE SMT. JUSTICE RENUKA YARA APPEAL SUIT Nos.650 OF 2019 AND 60 OF 2020

COMMON JUDGMENT:

Heard Sri G. Rajeshwar Reddy, learned counsel for the appellants in A.S.No.650 of 2019 and respondents in A.S.No.60 of 2020 and Smt. Naila Tabasum, Party-in-person/appellant No.1 in A.S.No.60 of 2020 and respondent No.1 in A.S.No.650 of 2019.

Perused the record.

2. The above appeals are arising out of self-same judgment and decree passed by the learned Addl. Senior Civil Judge at Karimnagar (hereinafter referred to as ‘the learned Trial Court’) in O.S.No.96 of 2017, dated 12.06.2019. Therefore, both the appeals were taken up for hearing analogously and are being disposed of by this common judgment.

3. The suit was filed by the first wife and two sons of one Late Syed Ahmed seeking partition and separate possession against the deceased second wife’s children and the third wife and daughter born to her through Late Syed Ahmed with respect to suit schedule Item Nos.1 to 3 properties. The learned Trial Court decreed the suit partially while dismissing the plea of the first wife of Late Syed Ahmed for allotment of a share to her and proceeded to allot the share to her sons who are arrayed as plaintiff Nos.2 and 3 and the remaining legal heirs of Late Syed Ahmed who are arrayed as defendant Nos.1 to 8.

4. A.S.No.650 of 2019 is filed by the appellants/defendants and A.S.No.60 of 2020 is filed by the appellants/plaintiffs. For the sake of convenience, the parties are referred to as they are arrayed in the main suit O.S.No.96 of 2017.

Brief facts of the case:

5. The relationship between the parties as stated by the plaintiffs is that plaintiff No.1 is the first wife, plaintiff Nos.2 and 3 are the sons and defendant Nos.7 and 8 are the daughters of plaintiff No.1 and her late husband Syed Ahmed. Defendant Nos.2 to 5 are the children born to Late Syed Ahmed from his deceased second wife. Defendant No.6 is the daughter born to Late Syed Ahmed and defendant No.1 who is the third wife of Late Syed Ahmed. The relationship between the parties is not in dispute.

6. Late Syed Ahmed is the owner of is the owner of house No.6-2- 568 admeasuring 217 sq.yds. (hereinafter referred to as ‘Item No.1’), house No.6-2-573 admeasuring 429 sq.yds. (hereinafter referred to as ‘Item No.2’) and house No.6-2-563 admeasuring 0.05 gts. (hereinafter referred to as ‘Item No.3’) situated at Hussainipura, Karimnagar. Said Late Syed Ahmed died intestate on 06.04.2017.

7. Late Syed Ahmed during his life time paid maintenance to plaintiff Nos.1 to 3 in addition to taking responsibility for performing the marriages of defendant Nos.7 and 8. However, Late Syed Ahmed died before defendant Nos.7 and 8 were married and their responsibility has fallen on the plaintiff No.1 being mother. Late Syed Ahmed was in possession of two shutters in Kamadhenu Complex wherein business of weights and measures was done and there was an income of Rs.60,000/- per month. The value of the business is more than Rs.10,00,000/- and the shop is given to defendant Nos.2 and 5. Late Syed Ahmed performed the marriages of defendant Nos.2 to 4 and supported the children of second wife. Defendant Nos.1 and 6 were shown as nominees in bank accounts and LIC claims by Late Syed Ahmed. They have withdrawn amounts up to Rs.7,50,000/- from the bank accounts and LIC claims and thus are in good financial position. Late Syed Ahmed paid maintenance to the plaintiffs up to the year 2013 as the defendant Nos.7 and 8 were minor unmarried daughters. After the death of Late Syed Ahmed on 06.04.2017, defendant No.2 along with his brothers of Late Syed Ahmed quarreled and fought with the plaintiffs at house No.1-4-126 and gave complaint against them. When the plaintiffs reached the police station for enquiry, their house i.e. H.No.1-4-126 was sealed and welded. The defendants are residing in H.No.6-2-568 and received rents from Item Nos.1 to 3 properties. In this backdrop, the plaintiff No.1 sought partition and division of shares