HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

JUDGMENT:

This Second Appeal is filed challenging the judgment and decree, dated 17.08.2023, passed by the I Additional District Judge, Karimnagar, in A.S.No.108 of 2019 whereunder and whereby the judgment and decree, dated 11.07.2019, passed by the Principal Junior Civil Judge, Karimnagar, in O.S.No.123 of 2013 was confirmed.

2. The appellant herein is defendant and respondent herein is plaintiff, before the trial Court. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

3. The brief facts of the case are that plaintiff filed the suit in O.S.No.123 of 2013, seeking partition of the properties. In the plaint, it is averred that the defendant and plaintiff are sons of Late Mogula Ashalu, who constitute a Hindu Joint undivided Family, governed by Mitakshara School; that Schedule ‘A’ property is house bearing H.No.2-99, admeasuring 363 Sq.yards, situated at Valichal Village, Ramadugu Mandal, Karimnagar District and Schedule ‘B’ property is land bearing No.210, situated at Valichal Village, Ramadugu Mandal, to an extent of Ac.0-08 gts, which are in the name of Mogula Ashalu; that the plaintiff and defenda