THE HONOURABLE SRI JUSTICE T.VINOD KUMAR AND THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL MISCELLANEOUS APPEAL Nos.18 and 20 of 2025

COMMON JUDGMENT:

(per Hon’ble Smt. Justice P.Sree Sudha)

C.M.A.No.18 of 2025 is filed against the Order dated

12.11.2024 in I.A.No.142 of 2023 in O.S.No.412 of 2022 (O.S.No.33 of 2021 (old)) passed by the learned Principal District Judge, at Hanumakonda.

2. C.M.A.No.20 of 2025 is filed against the Order dated 12.11.2024 in I.A.No.289 of 2021 in O.S.No.412 of 2022 (O.S.No.33 of 2021 (old)) passed by the learned Principal District Judge, at Hanumakonda

3. Appellants herein have filed an application vide I.A.No.142 of 2023 in O.S.No.412 of 2022, against the respondents for appointment of receiver to manage and collect rents from the tenants/kouldars of the plaint schedule-1(A, B and C), 2 (A, B and C)(immovable properties) and also to control the schedule-3 (movable properties). The trial Court after considering the arguments of both sides and on perusal of the material on record dismissed the application. Aggrieved by the said Order, appellants have preferred C.M.A.No.18 of 2025.

4. Appellants herein have also filed an application vide I.A.No.289 of 2021 in O.S.No.412 of 2022, against the respondents, for grant of ad-injunction restraining the respondents not to alienate the suit schedule properties to third parties. The trial Court considering the arguments of both sides, partly allowed the application. Aggrieved by the said Order, appellants have preferred C.M.A.No.20 of 2025.

5. Learned Counsel for the appellants stated that appellants herein are the natural daughters of respondent No.1 and respondent No.2 is their elder sister. Respondent No.1 and late Ayodhya Ramaiah had four daughters and one son by name Harikiran. While Harikiran was pursuing Engineering Degree, died in a road accident occurred on 07.07.1999 and Ayodhya Ramaiah had also died intestate on 19.03.2020. Thereafter, appellants and respondents No.1 and 2 constituted a joint family of Ayodhya Ramaiah, as such appellants herein have filed a suit vide O.S.No.412 of 2022, for partition and separate possession of their legitimate share. Appellants after the death of their father, requested their mother and elder sister, who are respondents No.1 and 2, for partition of the joint family properties, since the respondents No.1 and 2 are not disclosing the income/rents being collected on the suit schedule properties. Respondent No.2 has taken the respondent No.1 completely under her control and trying to grab the joint family properties. As there is no positive response from respondent No.2, appellants issued legal notice on 10.12.2020 and respondents No.1 and 2 gave reply notice on 24.12.2020, by disputing certain properties and by admitting certain properties. 6. It is also stated that Late Ayodhya Ramaiah and respondent No.1 have adopted the son of respondent No.2, who is respondent No.3 herein, as their son on 22.12.1999 and they have executed and registered the adoption deed on 09.08.2001, hence he is also entitled for equal share and requested the appellants to wait till the first death anniversary of their father. In the meanwhile, respondents No.1 and 2 have filed a Caveat Petition against the appellants herein on 07.01.2021. Appellants have issued reply notice on 12.02.2021, denying the adoption of respondent No.3 by Ayodhya Ramaiah and respondent No.1, and demanded for alleged copy of the adoption deed, but it was not furnished to them. When respondents No.2 and 3 were trying to alienate the properties, appellants have filed the suit vide O.S.No.33 of 2021 on 20.04.2021, for partition and separate possession of their legitimate shares.

7. Learned Counsel for the appellants further stated that there are only five coparceners i.e., petitioners No.1 to 3 and respondents No.1 and 2. Respondent No.1 was already getting monthly pension of around Rs.70,000/- and therefore, she was not dependent on anybody. Respondent No.1 never shared any i