THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

JUDGMENT:

This appeal suit is filed under Section 96, Order XLI Rule 1 of Code of Civil Procedure, 1908 by the Appellant/Plaintiff against the judgment and decree passed by the III Additional District Judge, Karimnagar, (hereinafter referred to ‘learned trial court’) in O.S.No.32 of 2006, dated 03.04.2007, wherein the plaintiff filed the said suit for partition of the suit schedule property and the same was dismissed.

Being aggrieved by the dismissal of the suit, the present appeal is filed.

2. The brief facts of the case are that the plaintiff is the son of the second wife of his father and the defendant is the son of first wife. Originally, the plaintiff and the defendant are brothers and sons of one Mr.Nazar Mohammed and they got agricultural land admeasuring Ac.2-30 guntas in Survey No.157, situated at Gunturpali, Bommakal Village. The father of the plaintiff died in the year 1981 and after the death of the father, the plaintiff and the defendant were enjoying the property jointly, though they got half share in each and the mother of the plaintiff and the mother of defendants are different and the father is one and the same.

3. Learne