HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

CIVIL MISCELLANEOUS APPEAL NO.244 OF 2025 Between:

Katta laxmikanth, Son of late Sri K.Seshagiri Rao, Aged 45 years, Occupation: Business, Resident of Plot No.C-6, Vikrampuri Colony, Secunderabad – 500 009. … Appellant AND

1. Katta Damayanthi W/o.late K.Seshagiri Rao, Aged 72 years, Occ: Housewife, Presently R/o.Villa No.29, Cyprus Palms, Hafeezpet, Miyapur, Medchal, Malkajgiri.

2. Juloori Padma Priya W/o.J.Umamaheshwar Rao D/o.late K.Seshagiri Rao, aged 47 years, Occ: Housewife R/o.H.No.1, Plot No.64 & 65, Gandhinagar, Ramakrishnapuram, Hyderabad.

3. Katta Pratima, W/o.Raghu Kotrike D/o.late K.Seshagiri Rao, aged 42 years, Occ: Housewife, R/o.Village No.29, Cyprus Palms, Hafeezpet, Miyapur, Medchal, Malkajgiri. … Respondents DATE OF JUDGMENT PRONOUNCED : 29.08.2025 Submitted for approval.

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

1 Whether Reporters of Local newspapers may be allowed to see the Yes/No Judgments?

2 Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3 Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? Yes/No * HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA + CIVIL MISCELLANEOUS APPEAL NO.244 OF 2025 % Dated 29.08.2025 Between:

# Katta laxmikanth, Son of late Sri K.Seshagiri Rao, Aged 45 years, Occupation: Business, Resident of Plot No.C-6, Vikrampuri Colony, Secunderabad – 500 009. … Appellant And $ 1. Katta Damayanthi W/o.late K.Seshagiri Rao, Aged 72 years, Occ: Housewife, Presently R/o.Villa No.29, Cyprus Palms, Hafeezpet, Miyapur, Medchal, Malkajgiri.

2. Juloori Padma Priya W/o.J.Umamaheshwar Rao D/o.late K.Seshagiri Rao, aged 47 years, Occ: Housewife R/o.H.No.1, Plot No.64 & 65, Gandhinagar, Ramakrishnapuram, Hyderabad.

3. Katta Pratima, W/o.Raghu Kotrike D/o.late K.Seshagiri Rao, aged 42 years, Occ: Housewife, R/o.Village No.29, Cyprus Palms, Hafeezpet, Miyapur, Medchal, Malkajgiri. … Respondents ! Counsel for the Appellants: Sri Venu Gopal, learned Senior Counsel representing Sri Syed Ghouse Basha ^ Counsel for the Respondents: Sri R.A.Achuthanand Gist:

>HEAD NOTE:

? Cases referred

1. AIRONLINE 2018 DEL 1166

2. 2024 SCC OnLine All 2268 THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CIVIL MISCELLANEOUS APPEAL NO.244 OF 2025 JUDGMENT: (Per Hon’ble Smt. Justice Tirumala Devi Eada)

This is an appeal filed by the appellant being aggrieved by the order, dated 01.04.2025, passed in I.A.No.203 of 2024 in O.S.No.26 of 2024 by the learned XII Additional Chief Judge, City Civil Court, Secunderabad (for short “the trial Court”).

2. The appellant herein is the petitioner/plaintiff and the respondents are the respondents/defendants before the trial Court. The parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the petitioner before the trial Court is that he is the son of Katta Seshagiri Rao and Smt.K.Damayanti (respondent No.1) and that Padma Priya and K.Pratima i.e. respondent Nos.2 and 3 are his sisters and that they are governed by Hindu Law. He submitted that his father Katta Seshagiri Rao has purchased the petition schedule property out of his self earned income through his business. Schedule-A property covers a house in plot bearing No.C6, admeasuring 716 Sq.yards at Vikrampuri Cooperative House Building Society Ltd., Vikrampuri Colony, Kakaguda, Secunderabad Cantonment, Secunderabad, having purchased from Smt.Nirmala by their father Katta Seshagiri Rao in his wife’s name i.e. in the name of respondent No.1/K.Damayanti. Schedule-B property refers to open land admeasuring 638.88 Sq.yards in survey No.55 situated at Trimulghery Village, Secunderabad Contonment Area, Hyderabad. Schedule-C property refers to jewellery weighing 3037.500 grams which was seized by the Income Tax Department towards tax dues and