HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA A.S.No. 965 OF 2008

JUDGMENT:

Challenging the judgment dismissing O.S. No. 42 of

2006, dated 31.07.2008 on the file of the I Additional District Judge, Karimnagar, the unsuccessful plaintiff preferred this Appeal.

2. Parties are referred to as arrayed in the suit.

3. The Undisputed Facts are:

Plaintiff and Defendants 1 and 2 are sons; Defendant Nos. 3 to 5 are daughters and Defendant No. 6 is wife of one Komakula Ramaswamy, who died intestate on 05.11.1998. Plaintiff was an employee of Singareni Collieries, Mandamarri. Defendant No.1 is a teacher and Defendant No. 2 is an Assistant Engineer, Panchayat Raj, and both of them are residing at Karimnagar. Marriages of Defendants 3 to 5 were performed by K. Ramaswamy during his lifetime.

The case of plaintiff is that suit schedule properties are ancestral properties of their family and after the death of their father, his undivided share was also devolved on himself and Defendants 1 and 2 and all of them constructed houses with their own funds and are living separately. At the time of marriage of Defendants 3 to 5, their father gave land of Ac. 0-4 gts in Survey No. 1/E D1, who is managing the suit lands,