THE HONOURABLE DR.JUSTICE G.RADHA RANI C.C.C.A.No.152 of 2010

JUDGMENT:

This appeal is filed by the appellant – defendant No.1 aggrieved by the judgment and decree dated 09.06.2010 passed in O.S.No.577 of 2006 by the learned V Senior Civil Judge, City Civil Court, Hyderabad.

2. The respondents 1 and 2 are the plaintiffs and the respondents 3 to 5 are the defendants 2 to 4.

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

4. The respondents – plaintiffs filed the suit for partition and separate possession of the suit schedule “A” property in their favor and to allot “B” schedule property in favor of defendant No.1 in pursuance of the Will dated 04.06.1994 executed by their mother late Smt.Gowra Lakshmamma and to award costs.

5. The suit schedule “A” property was a house bearing Municipal No.1-3- 607 admeasuring 127 square yards situated at Kotha Bazaar, Kavadiguda, Hyderabad and the suit schedule “B” property was a house bearing Municipal No.1-3-1001 situated at Kotha Bazar, Kavadiguda, Hyderabad.

6. The plaintiffs submitted that both the said two houses belonged to their late mother Smt.Gowra Laxmi alias Gowra Lakshmamma, the mother of the plaintiffs and defenda