THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO A.S.No.138 of 2014

JUDGMENT:

(per the Hon’ble Sri Justice P.Sam Koshy)

Heard Mr. K.R. Sasidharan Nair, learned counsel, representing Mr. Annampelli Gangadhar, learned counsel for the appellants / plaintiff, and Mr. Srikanth Kaveti, learned counsel for the respondent / defendant.

2. The instant is an appeal filed by the plaintiff under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated

28.11.2013, passed in O.S.No.5 of 2010, by the District Judge at Nizamabad.

3. Vide the impugned judgment, the Trial Court partly allowed and decreed the suit insofar as directing the defendant to pay a sum of Rs.2,00,000/- to the plaintiff as per the Will (Ex.B7) and had also decreed the suit insofar as schedule ‘E’ property in two equal shares, of which, one such share has been ordered to be delivered to the plaintiff. However, the prayer for partition in Schedule ‘A’, ‘B’, ‘C’, ‘D’, ‘F’, ‘G’ & ‘H’ properties has been dismissed holding that they are not liable to be partitioned.

4. For convenience, the parties hereinafter will be referred to with their rank before the Trial Court