THE HONOURABLE SMT. JUSTICE K. SUJANA I.A.Nos.1 of 2024 In/and CITY CIVIL COURT APPEAL No.79 of 2011

COMMON JUDGMENT:

Challenging the judgment dated 14.02.2011 passed in O.S.No.100 of 2008 by the learned XI Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, the present City Civil Court Appeal is filed.

2. The brief facts of the case are that the plaintiffs had filed the suit seeking partition of Schedule A and B properties into five equal shares and allotment of one such share each to themselves and the defendants, along with mesne profits, alleging that the properties were originally purchased by their grandparents, K. Swamy and his wife Agamma, under two registered sale deeds, and on their intestate death, the properties devolved equally upon their three sons and three daughters. They claimed entitlement to 1/5^th share each along with defendant Nos.1 and 4, asserting that the widow and child of the third son, Krishna, had left the family and their whereabouts were unknown, and that defendant No.1 had refused to partition the property or pay their share of rents.

3. Defendant No.1, adopting a common written statement for other defendants, admitted the acquisitio