THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI I.A.Nos.1 and 2 of 2025 IN/AND SECOND APPEAL No.355 OF 2011

COMMON JUDGMENT:

The Second Appeal is filed aggrieved by the judgment and decree passed in A.S.No.149 of 2008 by the X Additional Chief Judge, (Fast Track Court), City Civil Court, Hyderabad, dated 02.12.2010, confirming the judgment and decree dated 12.02.2008 in O.S.No.2033 of 2004 passed by V Senior Civil Judge, City Civil Court, Hyderabad.

2. O.S.No.2033 of 2004 came to be filed before V Senior Civil Judge, City Civil Court, for partition and separate possession in respect of house bearing No.1-4-27/71/185, Padmashali Colony, Ranganagar, Musheerabad, Hyderabad. Suit came to be decreed on 12.02.2008. Defendant No.1 in suit is the appellant in Second Appeal. Late respondent No.1 is the plaintiff in the suit. Legal heirs of respondent No.1 are on record in the Second Appeal. Respondent No.4 is the tenant, who is no more.

Respondent No.5 is also tenant, who is not a necessary party.

3. Suit came to be decreed and it was held as follows:

“IN THE RESULT a preliminary decree is hereby passed in favour of the plaintiff partitioning the suit schedule property into four equal shares allott