Andhra Pradesh High Court – Amravati
Parnasala Kasivisala vs Nanduri Padmavathmma on 17 June, 2025
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY, THE SEVENTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
APPEAL SUIT NO: 852 OF 2012
AND
I.A No.12 of 2012(CROSS OBJECTIONS No, 16690 of 2012^
APPEAL SUIT NO: 852 OF 2012
Between:
1. Parnasala Kasivisala, W/o Kesavacharyulu, aged 51 years, Occ: House
wife, D.No.10-131, Trunk Road, Singarayakonda.
2. Yeddanapudi Vani Shyam, W/o Jagadish, Occ: House wife R/o
D.No.1/164, Reddivari Street, Near Kesavaswamy Gali Gopuram
Sanivarapet, Eluru, West Godavari District.
...Appellants/Defendants 2 & 3
AND
1. Nanduri Padmavathmma, W/o. Muddu Krishnamacharyulu, aged about
70 years, 23B-10-6, Ramachandrarao Pet, New Under Ground Bridge,
Eluru, West Godavari District (DIED)
2. Nanduri Rangacharyulu, S/o Sesharatnam, aged about 50 years.
A/3-C1B Quartres, Backside of Kachiguda railway Station, Hyderabad
(DIED)
3. Dadithota Vijayalakshmi, W/o. D.A. Narayanacharyulu, aged about 63
years, 45-56-3/1, Narasimha Nagar, Saligramapuram, Visakhapatnam-
25. (DIED)
4. Nanduri Radha Devi, W/o N.Murali Krishna, aged about 61 years, 2-46
Srinivasa Nagar, RTC Colony, Satrampadu, Eluru, West Godavari
District.
5. Vinjamuru Seetha Devi, W/o Venkata Nagendracharyulu, aged 57
years, 4-4-15, Venugopalaswamy Temple, Samalkot, West Godavari
District.
... Respondents/Plaintiffs
6. Parnasala Mohana Krishnamacharyulu, S/o Veera Raghavacharyulu ,
New No.11, Saradapuram 2nd Street, Near Shirdi Saibaba Temple,
Mylapore, Chennai.
7. Nandanavanam Ramarao, S/o Sriramulu, R/o Kalikival.
8. Ulichi Venkataramireddy, S/o. Ramaseshareddy, Kalikival.
(RR 7&8 not necessary parties in this Appeal).
...Respondents/Defendants 1,4 & 5
9. Nanduri Periyalvar, S/o N Maddu Krishna, Aged about 45 years, R/o 23
B-10-6, Powerpeta Station Road, RR peta, Eluru West Godavari District
AP
10. Nanduri Subhadra Kumar, S/o N Muddu Krishna, Aged about 47 years
R/o 23 B-10-6, Powerpeta Station Road, RR Peta, Eluru West Godavari
District AP
(as per the Court Order dated 22.12.2022 in I.A No. 11 of 2022 in A.S
No. 852 of 2011, Legal representatives of the deceased 1®' respondent
are brought on record as Respondent Nos. 9 & 10)
11. Nanduri Bhanumathi, W/o N S B V Ranga Charyulu Aged about 56
years , H.No 6-85/11 P-142 Sri Harsha Residency, Padmanagar Phase
2 Quthbullapur Hyderabad Telangana 500054
12. Nanduri Vamsee Krishna, S/o N S B V Ranga Charyulu, Aged about 37
years H No 6-85/11 P-142, Sri Harsha Residency, Padmanagar Phase-
2 Quthbullapur Hyderabad Telangana 500054
13. Peechara Phani Sasi Rekha, W/o P Laxman Kumar H No 10-2-215
Vidhyanagar Opp Siva Sai Kalyana Mandapam Karimnagar AP-505001
(As per the Court Order dated 22.12.2022 in I.A No. 14 of 2022 in A.S
No. 852 of 2012 , the Legal representatives of the deceased 2 nd
Respondent are brought on record as Respondent Nos. 11 to 13)
14. Dadithota Anantha Narayanacharyulu, S/o D Gopalacharyulu, Aged
about 80 years, R/o 49-38-10 NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
15. Dr.Dadithota Gopichand, S/o Dadithota Anantha Narayanacharyu lu
Aged about 49 years, R/o 49-38-10, NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
16. Dadithota Sreedevi, D/o Dadithota Anantha Narayanacharyulu, Aged
about 51 years, R/o 49-38-10 NGGOS Colony, Akkayapalem
Dondaparthi Seethammadhara Visakhapatnam
(As per the Court Order dated 22.12.2022 in I.A No. 17 of 2022 in A.S
No. 852 of 2012, the Legal representatives of the deceased
Respondent No.3 are brought on record as Respondent Nos. 14 to 16)
...Respondents
Appeal under Section 96 of C.P.C, against the Decree and Judgment
dated 05-06-2012 passed in OS No.33 of 2007 on the file of the Family Court-
cum- Additional District Judge, Ongole, Prakasam District.
I.A. NO: 12 OF 2012(CROSS OBJECTIONS. NO: 16690 OF 2012)
Between:
1. Nanduri Padmavathmma, W/o. Muddu Krishnamacharyulu, aged about
70 years, 23B-10-6, Ramachandrarao Pet, New Under Ground Bridge,
Eluru, West Godavari District (DIED)
2. N.S.B.V. Rangacharyulu, S/o Sesharatnam, aged about 50 years,
A/3-C1B Quartres, Backside of Kachiguda railway Station, Hyderabad
(DIED)
3. Dadithota Vijayalakshmi, W/o. D.A. Narayanacharyulu, aged about 63
years, 45-56-3/1, Narasimha Nagar, Saligramapuram, Visakhapatnam-
25. (DIED)
4. Nanduri Radha Devi, W/o N.Murali Krishna, aged about 61 years, 2-46,
Srinivasa Nagar, RTC Colony, Satrampadu, Eluru, West Godavari
District.
5. Vinjamuru Seetha Devi, W/o Venkata Nagendracharyulu, aged 57
years, C/o. Satyanarayana Raju, D.No.5-81-2, Ground Floor, 5*'' lane
Panaripuram, Guntur - 522006.
...Cross Objector/Respondents 1 to 5
6. Dadithota Anantha Narayanacharyulu, S/o D Gopalacharyulu, Aged
about 80 years, R/o 49-38-10 NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
7. Dr.Dadithota Gopichand, S/o Dadithota Anantha Narayanacharyul u
Aged about 49 years, R/o 49-38-10, NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
8. Dadithota Sreedevi, D/o Dadithota Anantha Narayanacharyulu, Aged
about 51 years, R/o 49-38-10 NGGOS Colony, Akkayapalem
Dondaparthi Seethammadhara Visakhapatnam
(As per the Court Order dated 22.12.2022 in I.A No.1 of 2022 in Cross
Appeal No. 16690 of 2012, the Legal representatives of the deceased
Appellant No.3 are brought on record as Appellant Nos. 6 to 8)
9. Nanduri Periyalvar, S/o N Maddu Krishna, Aged about 45 years, R/o 23
B-10-6, Powerpeta Station Road, RR peta, Eluru West Godavari District
AP
10. Nanduri Subhadra Kumar, S/o N Muddu Krishna, Aged about 47 years
R/o 23 B-10-6, Powerpeta Station Road, RR Peta, Eluru West Godavari
District AP
(as per the Court Order dated 22.12.2022 in I.A No.8 of 2022 in Cross
Appeal No. 16690 of 2012, Legal representatives of the deceased 1®*
appellant are brought on record as appellant Nos. 9 & 10 in Cross
Appeal)
11. Nanduri Bhanumathi, W/o N S B V Ranga Charyulu Aged about 56
years , H.No 6-85/11 P-142 Sri Harsha Residency, Padmanagar Phase
2 Quthbullapur Hyderabad Telangana 500054
12. Nanduri Vamsee Krishna, S/o N S B V Ranga Charyulu, Aged about 37
years H No 6-85/11 P-142, Sri Harsha Residency, Padmanagar,
Phase-2 Quthbullapur Hyderabad Telangana 500054
13. Peechara Phani Sasi Rekha, W/o P Laxman Kumar H No 10-2-215
Vidhyanagar Opp Siva Sai Kalyana Mandapam Karimnagar AP-505001
(As per the Court Order dated 22.12.2022 in I.A No.2 of 2022 in Cross
Appeal No. 16690 of 2012, the Legal representatives of the deceased
Appellant No.2 are brought on record as Appellant Nos. 11 to 13)
AND
1. Parnasala Kasivisala, W/o Kesavacharyulu, aged 51 years, Occ: House
wife, D.No.10-131, Trunk Road, Singarayakonda, Prakasam District
2. Yeddanapudi Vani Shyam, W/o Jagadish Occ; House wife, R/o
D.No.1/164, Reddivari Street, Near Kesavaswamy Gali Gopuram,
Sanivarapet, Eluru, West Godavari District.
3. Parnasala Mohana Krishnamacharyulu, S/o Veera Raghavacharyulu ,
New No. 11, Saradapuram 2nd Street, Near Shirdi Saibaba Temple,
Mylapore, Chennai- 600 004 (Died)
4. Nandanavanam Ramarao, S/o Sriramulu, R/o Kalikival.
5. Ulichi Venkataramireddy, S/o. Ramaseshareddy, Kalikival.
(Respondents 4 and 5 herein
are not necessary parties to this petition)
...Respondents/Petitioners/Respondents 6 to 8
6. Paranasala Vijaya Lakshmi, W/o Late P.Mohana Krishnamacharyul u,
D.No. 25-14-3, Narisimharaopet, Dr.Satyanarayana Street, Eluru, West
Godavari District- 534006
7. Parnasala Darshan Ram, S/o late P.Mohana Krishnamacharyulu, D.No.
G.702, Balaji MOOn Arc Apartment, 4^^ Cross A Sector, Amruta Nagar,
Bangalore North,Bangalore, Karnataka-560092
(As per Court Order dated 22.12.2022 in I.A No. 5 of 2022 in Cross
Appeal No. 16690 of 2012, Legal Representatives of deceased
Respondent No.3 are brought on record as Respondent Nos. 6 & 7)
Cross Objections filed under Order 41 Rule 1 of C.P.C in A.S No. 852 of
2012 against the Decree and Judgment dated 05.06.2012 passed in O.S
No. 33 of 2007 on the file of the family Court-cum-Additional District
Judgem Ongole, Prakasam District
This Appeal and Cross Objections coming on for hearing and upon
perusing the Memorandum of grounds of Appeal, the Judgment and Decree of
the Trial Court and the material papers in the case, and upon hearing the
arguments of Sri Sri Yallabandi Ramatirtha, Advocate for the Appellant in A.S
No. 852 of 2012 and for the Respondent in I.A No. 12 of 2012(Cross Objection
No. 16690 of 2012) and of Sri Y V Ravi Prasad, Senior Counsel assisted by
Sri Y V Anil Kumar, Advocate for the Respondent in A.S No. 852 of 2012 and
for the Cross Objectors in I.A No. 12 of 2012(Cross Objection No. 16690 of
2012), this Court doth Order and decree as follows;
1. That the A.S.No.852 of 2012 be and is hereby dismissed and
I.A.No.12 of 2012 (Cross Appeal No.16690 of 2012) be and is
hereby allowed;
2. That the impugned judgment dated 05.06.2012 in O.S.No.33 of
2007 of Judge, Family Court - cum - Additional District Judge,
Ongole be and is hereby set aside;
3. That the O.S.No.33 of 2007 stands decreed, dividing the plaint
schedule property into 7 equal shares;
4. That each of the five plaintiffs be and is hereby entitled for one
such share;
5. That the Defendant No.1 in the suit be and is hereby entitled for
one such share;
6. That the one share of late Kesavacharyulu be given to defendant
Nos.2 and 3 who represented his estate;
7. That the Plaintiffs in the suit be and are hereby entitled to move
relevant application for assessment of mesne profits;
8. That the both parties do bear their own costs in this appeal.
Sd/- V. DIWAKAR
DEPUTY REGISTJJAR
//TRUE COPY//
SE OFFICER
To,
1. The Family Court-cum- Additional District Judge, Ongole, Prakasam
District.
2. Two CD Copies
RAM
HIGH COURT
DATED: 17/06/2025
^ 2 6 JUN 2025
O Co,
is^^iirrent SectiQiix^^
DECREE
AS.No.852 of 2012 and I.A No.12 of 2012(CROSS
OBJECTIONS No. 16690 of 2012)
DISMISSING THE APPEAL
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
TUESDAY ,THE SEVENTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
APPEAL SUIT NO: 852 OF 2012
AND
LA No.12 of 2012(CROSS OBJECTIONS No. 16690 of 2012)
APPEAL SUIT NO: 852 OF 2012
Appeal under Section 96 of C.P.C, against the Decree and Judgment
dated 05-06-2012 passed in OS No.33 of 2007 on the file of the Family Court-
cum- Additional District Judge, Ongole, Prakasam District.
Between:
1. Parnasala Kasivisala, W/o Kesavacharyulu, aged 51 years, Occ; House
wife, D.No.10-131, Trunk Road, Singarayakonda.
2. Yeddanapudi Vani Shyam, W/o Jagadish, Occ: House wife, R/o
D.No.1/164, Reddivari Street, Near Kesavaswamy Gali Gopuram,
Sanivarapet, Eluru, West Godavari District.
...Appellants/Defendants2 & 3
AND
1. Nanduri Padmavathmma, W/o. Muddu Krishnamacharyulu, aged about
70 years, 23B-10-6, Ramachandrarao Pet. New Under Ground Bridge,
Eluru, West Godavari District (DIED)
2. Nanduri Rangacharyulu, S/o Sesharatnam , eQed about 50 years,
A/3-C1B Quartres, Backside of Kachiguda railway Station, Hyderabad
(DiED)
3. Dadithota Vijayalakshmi, W/o. D.A. Narayanacharyulu, aged about 63
years, 45-56-3/1, Narasimha Nagar Saligramapuram, Visakhapatnam-
25. (DIED)
4. Nandari Radha Devi, W/o N.Muraii Krishna, aged about 61 years, 2-46,
Srinivasa Nagar, RTC Coiony, Satrampadu Eluru, West Godavari
District.
5. Vinjamuru Seetha Devi. W/o
years, 4-4-15,
Venkata Nagendracharyulu, aged 57
District.
Venugopalaswamy Temple, Samalkot West Godavari
. -Respondents/Plaintiffs
" »rrrs"'T
Mylapore. Chennai. ^ '
7. Nandanavanam Ramarao, S/o Sriramulu, R/o Kalikival.
8. Ulichi
Venkataramireddy, S/o. Ramaseshareddy. Kalikival.
(RR 7&8 not
necessary parties in this Appeal).
...Respondents/Defendants 1,4 & 5
9- Nanduri Periyalvar, S/o i
NMaddu Krishna, Aged about 45 years, R/o 23
B-10-6, Powerpeta Station Road
AP RR peta, Eiuru West Godavari District
10. Nanduri Subhadra Kumar, S/o N Muddu Krishna, Aged about 47 years
R/o 23 B-10-6, Powerpeta Station Road, RR Peta, Eluru West Godavari
District AP
(as per the Court Order dated 22.12.2022 in I.A No.11 of 2022 in A.S
No. 852 of 2011, Legal representatives of the deceased 1®' respondent
are brought on record as Respondent Nos. 9 & 10)
11. Nanduri Bhanumathi, W/o N S B V Ranga Charyulu Aged about 56
years , H.No 6-85/11 P-142 Sri Harsha Residency, Padmanagar Phase
2 Quthbullapur Hyderabad Telangana 500054
12. Nanduri Vamsee Krishna, S/o N S B V Ranga Charyulu, Aged about 37
years H No 6-85/11 P-142, Sri Harsha Residency, Padmanagar Phase-
2 Quthbullapur Hyderabad Telangana 500054
13. Peechara Phani Sasi Rekha, W/o P Laxman Kumar H No 10-2-215
Vidhyanagar Opp Siva Sai Kalyana Mandapam Karimnagar AP-505001
(As per the Court Order dated 22.12.2022 in I.A No.14 of 2022 in A.S
nd
No. 852 of 2012 , the Legal representatives of the deceased 2
Respondent are brought on record as Respondent Nos. 11 to 13)
14. Dadithota Anantha Narayanacharyulu, S/o D Gopalacharyulu, Aged
about 80 years, R/o 49-38-10 NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
15. Dr.Dadithota Gopichand, S/o Dadithota Anantha Narayanacharyu lu
Aged about 49 years, R/o 49-38-10, NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
16. Dadithota Sreedevi, D/o Dadithota Anantha Narayanacharyulu, Aged
about 51 years, R/o 49-38-10 NGGOS Colony, Akkayapalem
Dondaparthi Seethammadhara Visakhapatnam
■«
(As per the Court Order dated 22.12.2022 in I.A No. 17 of 2022 in A.S
No. 852 of 2012, the Legal representatives of the deceased
Respondent No.3 are brought on record as Respondent Nos. 14 to 16)
...Respondents
I.A. NO: 1 OF 2012(ASMP. NO: 2520 OF 2012)
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased
to stay of all further proceedings in pursuant to the Decree and Judgment
dated 05-06-2012 passed in OS No. 33 of 2007 on the file of the Family
Court-cum-Additional District Judge, Ongole, Prakasam District.
I.A. NO: 1 OF 2013(ASMP. NO: 1913 OF 2013)
Between:
1. Nanduri Padmavathmma, W/o. Muddu Krishnamacharyulu, aged about
70 years, 23B-10-6, Ramachandrarao Pet, New Under Ground Bridge,
Eluru, West Godavari District
2. N.S.B.V Rangacharyulu, S/o Sesharatnam, aged about 50 years, R/o
Flat No. 103, First Floor, Sri Harsha Residency, Padma Nagar, Phase-
11, Qutbullapur, Ranga Reddy District- 500 054
3. Dadithota Vijayalakshmi, W/o. D.A. Narayanacharyulu, aged about 63
years, 45-56-3/1, Narasimha Nagar, Saligramapuram, Visakhapatnam-
25.
4. Nanduri Radha Devi, W/o N.Murali Krishna, aged about 61 years, 2-46
Srinivasa Nagar, RTC Colony, Satrampadu, Eluru, West Godavari
District.
r
5. Vinjamuru Seetha Devi, W/o Venkata Nagendracharyulu, aged 57
years, 4-4-15, Venugopalaswamy Temple, Samalkot, West Godavari
District.
...Petitioners/Respondents 1 to 5 in A.S No. 852/2012
pending on the file of this Hon'ble Court
AND
1. Shaik Subhani, S/o Masthan, age 41 years, R/o H.No. 9-93/1,
Kanamalla Road, Somarajupalli, Singarayakonda Mandal, Prakasam
District
2. Perecherla Venkata Subba Raju, S/o Suryanarayana Raju, age 39
years, R/o H.No. 1-116, Sundernagar, Somarajupalli, Singarayakonda
Mandal, Prakasam District
...Proposed Respondents 6 & 7 in AS No. 852/2012
pending on the file of this Hon'ble Court
3. Parnasala Kasivisala, W/o Kesavacharyulu, aged 51 years, Occ; House
wife, D.No. 10-131, Trunk Road, Singarayakonda.
4. Yeddanapudi Vani Shyam, W/o Jagadish, Occ: House wife, R/o
D.No.1/164, Reddivari Street, Near Kesavaswamy Gali Gopuram,
Sanivarapet, Eluru, West Godavari District.
...Respondents/Petitioners 1 to 2 in AS No.
852/2012 pending on the file of this Hon'ble Court
5. Parnasala Mohana Krishnamacharyulu, S/o Veera Raghavacharyulu
New No.11, Saradapuram 2nd Street, Near Shirdi Saibaba Temple,
Mylapore, Chennai.
6. Nandanavanam Ramarao, S/o Sriramulu, R/o Kalikival.
7. Ulichi Venkataramireddy, S/o. Ramaseshareddy, Kalikival.
(RR 6&7 herein are not necessary parties to this petition).
...Respondents/Respondents
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased
to direct the proposed respondents herein (respondents 6 and 7 in the main
appeal) not to change the nature of the site including construction and
alienation of the property, pending disposal of the appeal.
I.A. NO: 2 OF 2013(ASMP. NO: 1914 OF 2013)
Between:
1. Nanduri Padmavathmma, W/o. Muddu Krishnamacharyulu, aged about
70 years, 23B-10-6, Ramachandrarao Pet, New Under Ground Bridge,
Eluru, West Godavari District
2. N.S.B.V Rangacharyulu, S/o Sesharatnam, aged about 50 years, R/o
Flat No. 103, First Floor, Sri Harsha Residency, Padma Nagar, Phase-
11, Qutbullapur, Ranga Reddy District- 500 054
3. Dadithota Vijayalakshmi, W/o. D.A. Narayanacharyulu, aged about 63
years, 45-56-3/1, Narasimha Nagar, Saligramapuram, Visakhapatnam-
25.
4. Nanduri Radha Devi, W/o N.Murali Krishna, aged about 61 years, 2-46,
Srinivasa Nagar, RTC Colony, Satrampadu, Eluru, West Godavari
District.
5. Vinjamuru Seetha Devi, W/o Venkata Nagendracharyulu, aged 57
years, 4-4-15, Venugopalaswamy Temple, Samalkot, West Godavari
District.
...Petitioners/Respondents 1 to 5 in A.S No. 852/2012
pending on the file of this Hon'ble Court
AND
1. Shaik Subhani, S/o Masthan, age 41 years, R/o H.No. 9-93/1,
Kanamalla Road, Somarajupalli, Singarayakonda Mandal, Prakasam
District
2. Perecherla Venkata Subba Raju, S/o Suryanarayana Raju, age 39
years, R/o H.No. 1-116, Sundernagar, Somarajupalli, Singarayakonda
Mandal, Prakasam District
...Proposed Respondents 6 & 7 in AS No. 852/2012
pending on the file of this Hon'ble Court
3. Parnasala Kasivisala, W/o Kesavacharyulu, aged 51 years, Occ: House
wife, D.No.10-131, Trunk Road, Singarayakonda.
4. Yeddanapudi Vani Shyam, W/o Jagadish, Occ: House wife, R/o
D.No.1/164, Reddivari Street, Near Kesavaswamy Gali Gopuram,
Sanivarapet, Eluru, West Godavari District.
...Respondents/Petitioners 1 to 2 in AS No.
852/2012 pending on the file of this Hon'ble Court
5. Parnasala Mohana Krishnamacharyulu, S/o Veera Raghavacharyulu ,
New No.11, Saradapuram 2nd Street, Near Shirdi Saibaba Temple,
Mylapore, Chennai.
6. Mandanavanam Ramarao, S/o Sriramulu, R/o Kalikival.
7. Ulichi Venkataramireddy, S/o. Ramaseshareddy, Kalikival.
(RR 6&7 herein are not necessary parties to this petition).
...Respondents/Respondents
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased
to permit the petitioners herein to add the proposed respondents herein as
respondents 6 and 7 in the main appeal AS.No.852/2012, pending disposal
of the appeal
Counsel for the Appellants in the appeal; Sri Yallabandi Ramatirtha
Counsel for the Respondents in the appeal: Sri Y V Ravi Prasad, Senior
Counsel assisted by Sri Y V Anil Kumar
I A NO: 12 OF 9ni2fCROSS OBJECTIONS. NO: 16690 OF 2012)
Between:
1. Nanduri Padmavathmma, W/o. Muddu Krishnamacharyulu, aged about
70 years, 23B-10-6, Ramachandrarao Pet, New Under Ground Bridge,
Elum, West Godavari District (DIED)
2. N.S.B.V. Rangacharyulu, S/o Sesharatnam, aged about 50 years,
A/3-C1B Quartres, Backside of Kachiguda railway Station, Hyderabad
(DIED)
3. Dadithota Vijayaiakshmi, W/o. D.A. Narayanacharyulu, aged about 63
years, 45-56-3/1, Narasimha Nagar, Saligramapuram, Visakhapatnam-
25. (DIED)
4. Nanduri Radha Devi, W/o N.Murali Krishna, aged about 61 years, 2-46
Srinivasa Nagar, RTC Colony, Satrampadu, Eluru, West Godavari
District.
5. VinjamuruI Seetha Devi, W/o Venkata Nagendracharyulu, aged 63
5"' lane
years,' C/o. Satyanarayana Raju, D.No.5-81-2, Ground Floor,
Panaripuram, Guntur - 522006.
...Cross Objector/Respondents 1 to 5
6. Dadithota Anantha Narayanacharyulu, S/o D Gopalacharyulu, Aged
about 80 years R/o 49-38-10 NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
7. Dr.Dadithota Gopichand, S/o Dadithota Anantha Narayanacharyul
u
Aged about 49 years, R/o 49-38-10, NGGOS Colony, Akkayyapalem
Dondaparthi, Seethammadhara, Visakhapatnam
8. Dadithota Sreedevi, D/o Dadithota Anantha Narayanacharyulu, Aged
about 51 years, R/o 49-38-10 NGGOS Colony, Akkayapalem
Dondaparthi Seethammadhara Visakhapatnam
(As per the Court Order dated 22.12.2022 in I.A No.1 of 2022 in Cross
Appeal No.16690 of 2012, the Legal representatives of the deceased
Appellant No.3 are brought on record as Appellant Nos. 6 to 8)
9. Nanduri Periyalvar, S/o N Maddu Krishna, Aged about 45 years, R/o 23
B-10-6, Powerpeta Station Road, RR peta, Eluru West Godavari District
AP
10. Nanduri Subhadra Kumar, S/o N Muddu Krishna, Aged about 47 years
R/o 23 B-10-6, Powerpeta Station Road, RR Peta, Eluru West Godavari
District AP
in Cross
(as per the Court Order dated 22.12.2022 in I.A No.8 of 2022
deceased 1"'
Appeal No.16690 of 2012, Legal representatives of the
appellant are brought on record as appellant Nos. 9 & 10 in Cross
Appeal)
11. Nanduri Bhanumathi, W/o N S B V Ranga Charyulu Aged about 56
years H.No 6-85/11 P-142 Sri Harsha Residency, Padmanagar
Phase
2 Quthbullapur Hyderabad Telangana 500054
12. Nanduri Vamsee Krishna, S/o N S B V Ranga Charyulu, Aged about 37
years H No 6-85/11 P-142, Sri Harsha Residency, Padmanagar,
Phase-2 Quthbullapur Hyderabad Telangana 500054
13. Peechara Phani Sasi Rekha, W/o P Laxman Kumar H No 10-2-215
Vidhyanagar Opp Siva Sai Kalyana Mandapam Karimnagar AP-505001
(As per the Court Order dated 22.12.2022 in I.A No.2 of 2022 in Cross
Appeal No. 16690 of 2012, the Legal representatives of the deceased
Appellant No.2 are brought on record as Appellant Nos. 11 to 13)
AND
1. Parnasala Kasivisala, W/o Kesavacharyulu, aged 51 years, Occ: House
wife, D.No. 10-131, Trunk Road, Singarayakonda, Prakasam District
2. Yeddanapudi Vani Shyam, W/o Jagadish, Occ: House wife, R/o
D.No.1/164, Reddivari Street, Near Kesavaswamy Gali Gopuram,
Sanivarapet, Eluru, West Godavari District.
3. Parnasala Mohana Krishnamacharyulu, S/o Veera Raghavacharyulu ,
New No.11, Saradapuram 2nd Street, Near Shirdi Saibaba Temple,
Mylapore, Chennai- 600 004 (Died)
4. Nandanavanam Ramarao, S/o Sriramulu, R/o Kalikival.
5. Ulichi Venkataramireddy, S/o. Ramaseshareddy, Kalikival.
(Respondents 4 and 5 herein are not necessary parties to this petition)
...Respondents/Petitioners/Respondents 6 to 8
6. Paranasala Vijaya Lakshmi, W/o Late P.Mohana Krishnamacharyul u,
D.No. 25-14-3, Narisimharaopet, Dr.Satyanarayana Street, Eluru, West
Godavari District- 534006
7. Parnasala Darshan Ram, S/o late P.Mohana Krishnamacharyulu, D.No.
G.702, Balaji MOOn Arc Apartment, 4**^ Cross A Sector, Amruta Nagar,
Bangalore North,Bangalore, Karnataka-560092
(As per Court Order dated 22.12.2022 in I.A No. 5 of 2022 in Cross
Appeal No. 16690 of 2012, Legal Representatives of deceased
Respondent No.3 are brought on record as Respondent Nos. 6 & 7)
Cross Objections filed under Order 41 Rule 1 of C.P.C in A.S No. 852 of
2012 against the Decree and Judgment dated 05.06.2012 passed in O.S
No. 33 of 2007 on the file of the family Court-cum-Additional District
Judgem Ongole, Prakasam District
Counsel for the Cross Objectors : Sri Y V Ravi Prasad,
Senior Counsel assisted by Sri Y V Anil Kumar
Counsel for the Respondents: Sri Yallabandi Ramatirtha
The Court made the following:
THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR
APPEAL SUIT No.852 of 2012
and
LAJ^oJlof2011iCROSS OBJECllONS NoJ669p of201^
COMMON JUDGMENT:
1. O.S.No.33 of 2007 was a suit for partition among siblings
and some of their legal heirs. After due trial, by a judgment dated
05.06.2012, learned Additional District Judge – cum – Family
Court, Ongole decreed the suit in part. That left both sides not
satisfied. D2 and D3 preferred A.S.No. 852 of 2012 in terms of
section 96 read with Order 41 Rule 1 CPC. The five plaintiffs
before the trial court preferred their cross appeal in terms of Order
41 Rule 1 CPC.
2. Heard arguments of Sri Y. Ramatirtha, the learned counsel
for appellants in the appeal and Sri Y.V.Ravi Prasad, the learned
senior counsel being assisted by Sri Y.V.Anil Kumar for
respondents in the appeal. Written arguments are filed and
precedents are cited on both sides.
3. The emanation of dispute is in the context of following
facts.
Dr.VRKSJ
A.S,No.852 of 2012 & Batch
V
Sri
P. Veeraraghavacharyulu and Smt. P. Rajya
Lakshmamma
are spouses. During their marital life, they were
blessed with two
sons and six daughters. The sons are Sri
P.Mohana Krishnamacharyulu and Sri Kesavacharyulu. The
daughters are Smt. N.Padmavathamma, Smt. Suseela Devi, Smt.
D.Vijayalakshmi. Smt. N.Radha Devi and Smt. V.Seetha Devi and
Kumari Vani Kumari. The last of the children Kumari Vani Kumari
died unmarried long time before the suit was laid and nothing
concerning her is involved in the suit. Smt. Suseela Devi also
died prior to the institution of the suit. The
surviving four
daughters and the
son of late Suseela Devi joined together and
filed 0.S.N0.33 of 2007
praying for partition of the plaint
schedule property into seven equal shares and allot one share to
each of the plaintiffs and
grant separate possession after
considering good and bad qualities of the properties mentioned
in the plaint schedule. They also prayed for mesne profits to be
determined by a separate application and for costs
and such
other reliefs.
4.
Seven items of immovable properties were shown in the
plaint schedule. It is about all those properties, the suit was laid,
Initially, the suit was filed
as against the eldest son of the Hindu
3
Dr.VRKSJ
5.^
A.S.No.852 of 2012 & Batch
spouses/ Sri P. Mohana krishnamacharyulu/ D1. By the time of
the suit, the other son/ Sri P.Kesavacharyulu died. His wife and
his daughter were shown as D2 and D3. The plaint was
presented on 28.03.2007 and was registered on 11.04.2007.
During the pendency of the suit, Sri N.Ramarao and Sri U.
Venkataramireddy were impleaded as D4 and D5 by the trial
court on 02.06.2008.
5. Sri P.Veera Raghavacharyulu died on 26.02.1986. His wife/
Smt. P. Rajya Lakshmamma died on 08.12.1995. Thus, it was
after the death of parents, the suit had come to be filed.
6. In the plaint, it was stated that the marriages of all the
daughters of the Hindu spouses were solemnized earlier to 1976.
That all the plaint schedule properties are the joint family
properties. It is further stated that the eldest son of the Hindu
spouses/ D1 has been living in Chennai eking out his livelihood.
Even after the death of the parents, the property remained joint
family properties. Despite demands for partition, there was no
positive move from the defendants. Sri Kesavacharyulu who is
husband of D2 and father of D3 was managing the properties and
was utilizing their profits. For sometime, plaintiffs were given their
4
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
portions of revenue from the joint family properties. Plaintiffs and
*1
defendants are in joint possession and enjoyment of the
properties in the eyes of the law. Since the Hindu spouses had
five daughters and two sons, the prayer in the suit is for equal
distribution of assets among them. In other words, the property
was prayed to be divided into seven equal parts and allot one part
to each of the children of the Hindu spouses.
7. D1 who was the eldest son of the Hindu spouses filed a
written statement wherein he admitted the relationship among the
parties and showed his willingness to have the division of
properties into seven parts and asserted that the plaint schedule
properties were ancestral joint family properties and by his written
statement, he prayed the court to decree the suit as prayed for.
8. D2 and D3 who were successors of late Kesavacharyulu
who the other son of the Hindu spouses put up their contest. D2
filed a written statement and D3 filed a memo adopting it. They
admitted the relationship among the parties. They asserted that
D1 left the family in or about 1970 and went to Madras and he
has been living there. D1 took huge amounts in cash which are
over and above his share in the joint family properties and he
5
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
utilized them for purchasing the house at Madras and for the
other expenses of his livelihood. It is on that assertion they
claimed in the written statement that D1 got divided from the joint
family.
9. The pleaded case of D2 and D3, further, is that late
Veeraraghavacharyulu and his second son/ Kesavacharyulu
alone constituted joint Hindu family. On 16.12.1985 in sound and
disposing state of mind, Sri Veeraraghavacharyulu executed a
will consisting of A schedule and B schedule. A schedule therein
is a house which is item No.6 of the plaint schedule. He
bequeathed it to his own wife/ P. Rajya Lakshmamma. All the
remaining properties were bequeathed to Kesavacharyulu and
they are shown in B schedule in the will, and they consist of item
Nos. 1 to 5 and 7 of the plaint schedule. On death of Sri
Veeraraghavacharyulu on 26.02.1986, the will came into
operation and the will was acted upon. The beneficiaries under
the will obtained possession of the properties and have been
enjoying them in their own right.
10. The further pleaded case of D2 and D3 is that Smt.Rajya
Lakshmamma who is mother of late Kesavacharyulu executed a
6
Dr.VRKS,J
A.S.No.852 of 2012 & Batch •at
will dated 26.11.1995 in a sound and disposing state of mind and
bequeathed the house she got from her husband through the will
and the benefit was conferred to Sri Kesavacharyulu. Smt. Rajya
Lakshmamma died on 08.12.1995 and the will came into
operation and Kesavacharyulu being the legatee under the will,
took possession of the house/ item No.6 of the plaint schedule
and has been in possession and enjoyment in his own right. After
the death of Sri Kesavacharyulu, his wife/D2 and his daughter/D3
being his legal heirs have been in possession and enjoyment of
these properties. It is further stated that the properties ceased to
be joint Hindu family properties and the properties have been in
possession and enjoyment of Sri P.Kesavacharyulu and
thereafter, his successors in their own right. Even otherwise, they
perfected their title by adverse possession. That the suit is not
maintainable. Since the time of death of Sri P.V.Raghavacharyulu
on 26.02.1986, there was no joint family at all. The suit for
partition is not maintainable as it is misconceived. Daughters of
Sri Veeraraghavacharyulu having been married earlier to 1976,
do not possess any rights over these properties. The court fee
paid is incorrect and they prayed for the dismissal of the suit.
7
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
11. D4 and D5 who are stated to be purchasers of some
properties belonging to the family did not choose to appear
contest.
12. The learned trial court settled the following issues for trial: –
1. Whether plaintiffs are entitled for partition of plaint schedule
property and separate possession of 5/7th share therein as
prayed for?
2. Whether plaintiff is entitled to future profits from date of suit,
If so for what sum or with what observations / directionsand against whom and with what interest and for what
period?
3. To what result?
To sustain their respective cases, plaintiff testified as PW.1
and 4^” plaintiff testified as PW.2. No documents were exhibited
on their behalf. On the other side, D1 testified as DW.1 and got
marked Ex.BI to B3. D2 who was the wife of late Kesavacharyulu
testified as DW.2 and got marked Ex. B4 to BIO. In Proof of Ex.
B9 and BIO wills, the attesters and scribe of the said wills were
examined as DW.3 to 9.
13. After considering the arguments advanced on both sides
and the evidence placed on record, the learned trial court took the
view that late Veeraraghavacharyulu died on 26.02.1986 and by
Dr.VRKS,J
A.S.No.852 of 2012 &: Batch
Virtue of Section 6 of the
Hindu Succession Act, 1956 as existing
by then there
was notional partition. In the
the sharers were late P.
said notional partition,
Veeraraghavacharyulu and his two sons.
Since Sri
Veeraraghavacharyulu died his 1/3^0
share in the
properties were to be divided
among his five daughters and two
sons who are all class i legal heirs. It j
IS further held that
daughters became
coparceners by vihue of Hindu Succession
Amendment Act, 2005. That amending Act
applies only
prospectively. However, si
since Sri Veeraraghavacharyulu died
long prior to the
comnrencennent of the said amendment of Hindu
Succession Act, 2005, the principle of notional
partition was to be
applied. It concluded saying that the plaintiffs/daughters of late
Raghavacharyulu
were only entitled for their share in the share
that fell to their father/ late
Veeraraghavacharyulu in the notional
partition and they share it along with their
sibling brothers;
Whereas the sibling brothers by virtue of the
notional partition got
their respective 1/3^^
share in addition to
what they got from the
share of their deceased father. It considered
the two sale deeds
such as Ex.B2 and B3
executed by D1 and his brother/
Kesavacharyulu in favour of D4
and D5 and ordered for
adjustment of equities. After
recording its reasons the learned
9
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
trial court stated that there have been serious suspicious
circumstances surrounding Ex. B9 and B10 Wills and therefore
discarded the wills from its consideration. It decreed the suit in
the following terms:
In the result, this suit is decreed in part, accordingly
preliminary decree is passed directing the division of plaint
schedule properties into 21 shares and to allot plaintiffs
together five such shares, eight such shares to D1 and
remaining eight such shares to D2 and D3. As D1 and late
Kesavacharyulu sold the property to D4 and D5 under
Ex.B2 and B3, D4 and D5 are entitled to equities if the
extents sold to them is part and parcel of any of the plaint
schedule items and said extent shall be adjusted from out
of the share of D1 and share of late Kesavacharyulu, v\/hich
is to be allotted to D2 and D3. Parties are at liberty to make
a separate application to pass ifnal decree in terms of this
preliminary decree for allotment of property as per their
aforesaid shares by metes and bounds. Considering the
facts and circumstances, there is no order as to costs.
Each party shall bear their own costs in this suit.
14. It is that judgment that has been criticized by both sides in
this appeal and cross appeal. In the appeal preferred by D2 and
D3 various grounds are urged in the memorandum
I. The judgment is contrary to facts, evidence and law.
II. Ex. B9 and B10 wills were validly proved and the
assessment of the trial court is invalid
III. Since the properties were obtained by Kesavacharyulu
under Ex. B9 and BIO wills, they were no more available
10
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
for partition and the suit for partition itself was not
maintainable
IV. The letters addressed by D1 contain clear admissions of
relinquishment of his rights over the schedule properties
but the trial court erred in granting a share
V.
Hindu Succession Act, 1956 as well as amendment to the
Hindu Succession Act in the year 2005 have no application
to the property involved in the suit, but the trial court
committed error in applying the provisions of the said
enactments
VI.
All the properties have been in exclusive possession of late
Kesavacharyulu and they were not held jointly by the other
family members
VII. The court fee paid in the suit was incorrect
VIII. Item Nos.1 and 2 of the plaint schedule were sold out by
late Kesavacharyulu under registered sale deeds.
IX. Part of item Nos.3 and 5 were also alienated under an
agreement for sale – cum – GPA to the third parties by the
present appellants
11
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
X. Subsequent purchasers were not impleaded by plaintiffs in
the suit and such non-joinder should have resulted in
dismissal of the suit
15. Learned counsel for appellants had drawn the attention of
this court to the various parts of the evidence so as to
demonstrate that Ex. B9 and BIO wills were validly executed and
due regard should be given to those testaments. Reliance is
placed on HV Nirmala Vs R Sharmila^ and Mallamma Vs
N.Gangamma^
16. Learned counsel for appellants argued that since Sri
Veeraraghavacharyulu died on 26.02.1986 survived by two of his
sons and five of his daughters and widow of the deceased
Veeraraghavacharyulu, the Hindu Succession Act (Amendment
Act 39 of 2005) is not retrospective in its operation and the rights,
if any, of the daughters come into effect only from the
commencement of the Amendment Act 2005. As on 09.09.2005/
date of commencement of Amendment Act, 2005, there was no
Coparcenary existing in the present case. By virtue of the wills
executed by Veeraraghavacharyulu/Ex. B9 and thereafter, late
^2018 (2) ALT (SC) 41 (DB)
^2018 (1)ALT98(DB)
12
Dr.VRKS,J
A S.No.852 of 2012 & Batch
Rajya Lakshmamma/Ex.BIO, the
property vested in late
Kesavacharyulu. The
un-amended Section 6 of the Hindu
Succession Act, 1956 alone
need be applied. The impugned
judgment is erroneous in the light of the above principles. In
support of these contentions, the following rulings are cited.
• Uttam Vs Soubhag Singh^
• Prasanta Kumar Sahoo \/s Charulata Sahu’*
• Revanasiddappa \/s Mallikarjun^
• Vineeta Sharma Vs Rakesh Sharma^
Karunanidhi \/s Seetharama Naidu^
• SmtRaja Rani Vs The Chief Settleme nt Commissioner^
Anar Devi Vs Parmeshwari DevP
• Appropriate Authority (IT DEPTT) l/s M.Arifulla^o
• P Govinda Reddy Vs Goila Obulamma 11
• Santa Appalnaidu l/s Ganta Narayanamma 12
‘air 2016 SC 1169
^(2023) 9 see 641
‘(2023) 10 SCCl
‘ (2020) 9 sec 1
‘air 2017 SC 1632
® air 1984 sc 1234
‘air 2006 SC 3332
10
(2002) 10 see 342
AIR 1971 AP 363
AIR 1972 AP 258
13
Dr.VRKSJ
A,S.No.852 of 2012 & Batch
• Gurupad Khandappa Magdum Vs Hirabai Khandappa
13
Magdum
17.
The plaintiffs in their cross appeal took the stand that the
trial court committed error in applying the principle laid down in
Anar Devi’s case^’^. Since the said ruling was under un-amended
Section 6 of the Hindu Succession Act, by virtue of amending Act,
2005, the daughters became coparceners by birth and the
notional partition that arose on the death of late
Veeraraghavacharyulu is confined only to determine the share of
the deceased coparcener by name late Veeraraghavacharyulu
and nothing beyond that and that the property continued to be
joint Hindu coparcenery and since there was no partition of the
same, it remained joint. The trial court committed grave error in
not granting equal share to the daughters along with the sons.
Disallowing mesne profits was another error on part of the trial
court. In support of these contentions, learned counsel cited
• Vineeta Sharma Vs Rakesh Sharma^^
• Prasanta Kumar Sahoo Vs Charulata Sahu^^
13
AIR 1978 SC 1239
14
Supra 9
15
(2020) 9 see 1
16
2023 sec Online sc 360
14
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
• Kavita Kanwar Vs Pamela Mehta^^
• Achutuni Sitharavamma Vs Turaga Ananda^°
18. Before adverting to the rr;aterial on record and the rival
submissions, one has to keep in mind the principles laid down by
the Hon’ble Supreme Court of India in Shashidhar Vs Smt.
AshwinP^. Adverting to the suit for partition and separate
possession filed by co-sharer, coparcener, co-owner or joint
owner seeking an individual share qua others, the courts have to
consider settled principles of law governing the adjudication of
issues such as
• family tree
• inter-se relation of family members
• relevant law applicable for owning succession of such
properties
• nature and character of the suit property
17
(2022) 3 see 209 /
18
(2021) usee 209
19
(2022) 8 see 798
20
eRP.No.l364 of 2010 of Hon’ble High eourt of AP
21
2015 (11)see 269
15
Dr.VRKSJ
A,S.No.852 of 2012 & Batch
• mode and source of acquisition of the said property,
whether self acquired property or ancestral property
• whether the interest in the property was acquired by
succession or devolvement /Sections 6 and 8 of the Hindu
Succession Act, 1956
• if the property is not self acquired property, who are the
joint owners or coparceners
• consequent upon death of a person having interest in the
property, how the property devolved on the living members,
and in what proportion
• whether the person having interest in the property died
intestate or left behind any testamentary succession in
favour of family member or outsider in respect of
inheritance of his share in the property
• whether the suit properties are capable of being partitioned
19. Keeping focus on the above principles and based on the
contentious facts, the necessary points have to be settled for
adjudication.
20. The following points fall for consideration in these appeals.
16
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
1. Whether the plaint schedule properties are ancestral
properties held by the joint family during the lifetime of
late P. Veeraraghavacharyulu?
2. On assuming that the plaint schedule properties were
ancestral Joint family properties, whether they ceased
to be joint family properties, and if so, when and how
that transformation took place?
3. What was the legal effect of death of late P
Veeraraghavacharyulu on 26.02.1986?
4. Whether Ex. B9, BIO wills shall be given affect to?
5. Whether the impugned judgment of the trial court is
required to be modified?
Point Nos. 1, 2, 3 and 4: –
21. The facts that are not in dispute are that Sri
P.Veeraraghavacharyulu and Smt. Rajyalakshmamma and their
five daughters and two sons were together at one point of time.
All the daughters were married prior to 1976 and the sons were
also married. Each of these family members has been living at
different places. For quite some time, late Veeraraghavacharyulu
and his wife were with their younger son/ late Kesavacharyulu. It
is in the evidence of DW.2 who is the wife of late Kesavacharyulu
17
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
that a month prior to his death late Veeraraghavacharyulu went to
Eluru and lived with his daughters and he died there and his
daughters performed all obsequious. The plaint schedule consists
of agricultural lands as well as a house. The oral evidence on
both sides clearly indicated that for the education and marriages
of the children, the family was dependent on properties and a few
of the properties were sold out to meet such expenses. The
remaining properties are mentioned in the plaint schedule.
22. The plaintiffs in the suit/ daughters pleaded and deposed
as PWs.1 and 2 that all the plaint schedule properties of their
family were ancestral properties. The pleaded case of their elder
brother/D1 in the suit is the same. However, the pleaded case of
legal heirs of late Kesavacharyulu is that at one time, they were
joint Hindu family properties and they ceased to be so. Thus,
even according to them, the suit schedule properties were
ancestral properties at one time. In such circumstances, it shall
be recorded that the suit schedule properties were ancestral joint
family properties.
23. There is neither pleadings nor evidence on both sides to
show acquisition of any of the plaint schedule properties by late
18
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
Veeraraghavacharyulu or his children. Thus, plaint schedule
properties were not the self acquired properties of late
Veeraraghavacharyulu. D1 deposing as DW.1 stated that his
father late Veeraraghavacharyulu and his two brothers got
properties from their ancestors and they got them divided in the
year 1981. Thus, he was indicating that the plaint schedule
properties were ancestral properties and in division among
brothers, they came to the share of late Veeraraghavacharyulu.
That legal event took place in the year 1981. It is undisputed that
by then, his five daughters and two sons were all grown up and
they lived together. This further makes it clear that during the life
time of Veeraraghavacharyulu and his wife, these properties were
ancestral joint family properties. Therefore, the observations of
the trial court in paragraph No.10 of its judgment that the plaint
schedule properties are the ancestral joint family properties must
be approved as correct.
24. Ownership over the property refers to the exclusive rights
and interest that an individual or entity has over particular
properties. There is right to possess, right to use, right to enjoy,
right to dispose and right to exclude. They are manifestations of
ownership. Such ownership when held by the joint family
19
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
members, there is joint ownership which in other words, there is
ownership shared by multiple individuals. Coparcenery property
refers to ancestral property that is jointly owned and inherited by
members of Hindu undivided family through generations. In a
coparcenery, the ownership rights are not defined by specific
shares but are held collectively by all coparceners. All the
coparceners have their right to reside in the coparcenery
property. Coparceners may have right to alienate to the extent of
their interest in the coparcenery property. The concept of
coparcenery property is governed by Hindu law, particularly the
Hindu Succession Act, 1956. As noticed earlier, the suit schedule
properties were ancestral joint Hindu family properties. The suit
for partition was instituted in the year 2007. By Virtue of the
amendment to section 6 Hindu Succession Amendment Act in the
year 2005, along with sons, the daughters as well are recognized
as coparceners in Hindu Mitakshara Law.
25. It is relevant to notice Section 6 of the Hindu Succession
Act, 1956 and thereafter amended section 6 of the Hindu
Succession Act which occurred in the year, 2005.
Sec. 6 of unamended Hindu Succession Act is as follows:
S.6 Devolution of interest in coparcenary property:-
20
Dr.VRKSJ
A.S.No.852 of 2012 & BatchmakshJ oo7rlen7 p oX in the
^
surviving
this Act. coparcenary and not in accordance withMitakshara coparcenary nmn deceased m the
testamentary or intestate succeslZ 71L
anderthis Act and not by survivorsZp.
interest oi a Hindu MiteksharaZ^^^^ section the to the share in the property that deemed him if a partition of ^ been allotted to immediately before his P^^ce -os entitled
this s!cntZha°b7e 77uld7^’7r a personwho
has separated himself from ih *
death of the deXjrf ffarcena/y before the
tntestacy a share in the intereTretrJd ZZrl. onSec. 6 of Amended Act IS as follows;
ae Hindu Siirrps^ion (Amenrlm,:.nt
Act 39 of 2nni^)Act. im hTcfcTLtjnTcJl VZ
from 09-09-2005 efeds Zander:
§.6Deyoiutign.ofint^est i m
coparcenary property--
SacceZ77ZZZtVAZoTmr"^7'
governed by the f fem/Zy
coparcener shall, - daughter of a
21
#4^ Dr.VRKSJ
1?^ A.S.No.852 of 2012 & Batch
(a) by birth become a coparcener in her own right in
the same manner as the son;
(b) have the same rights coparcenary property as
she would have had if she had been a son;
(c) be subject to the same liabilities in respect of the
said coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener
shall be deemed to include a reference to a daughter of a
coparcener: Provided that nothing contained in this sub
section shall affect or invalidate any disposition or
alienation including any partition or testamentary
disposition of property which had taken place before 20th
day of December, 2004.
(2) Any property to which a female Hindu becomes
entitled by virtue of sub- section (1) shall be held by her
with the incidents of coparcenary ownership and shall be
regarded, notwithstanding anything contained in this Act or
any other law for the time being in force in, as property
capable of being disposed of by her by testamentary
disposition.
(3) Where a Hindu dies after the commencement of
the Hindu Succession (Amendment) Act, 2005, his interest
in the property of a Joint Hindu family governed by the
Mitakshara law, shall devolve by testamentary or intestate
succession, as the case may be, under this Act and not by
survivorship, and the coparcenary property shall be
deemed to have been divided as if a partition had taken
place and,-
(a) the daughter is allotted the same share as is
allotted to a son;
(b) the share of the pre-deceased son or a pre
deceased daughter, as they would have got had they been
alive at the time of partition, shall be allotted to the
surviving child of such pre-deceased son or of such pre
deceased daughter; and
(c) the share of the pre-deceased child of a pre
deceased son or of a pre-deceased daughter, as such child
would have got had he or she been alive at the time of the
partition, shall be allotted to the child of such pre-deceased
child of the pre-deceased son or a pre-deceased daughter,
as the case may be.
22
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
(
or not
Q,,o commencement of the Hindn
ion m “‘X^er the Hindu tai of such
tefore fte commenoemenrj iL”%nTSuT””‘^”
so. -
; or
setJcVZ inylucl ZT and
ateoafen s.a// i>e enforceable unZZ mte °'^
(Amendment) Act. 2005 had not been enZed
Explanation. -For the purposes of clause (e) thc^
Act
sSErr”=«-
9Pr//nr)
nf a Ha
P -For the purposes of this
means any partition made by execution
Act.
court.
26.
Sri P Veeraraghavacha,yulu lived a long life of about 75
years and died on 26.02.1986. By then it was the un-amended
23
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
Section 6 of the Hindu Succession Act, 1956 that was in statute
book. The said un-amended section 6 provides that when a male
Hindu died after commencement of this Act, having at the time of
his death an interest
in Mitakshara coparcenary property, his
interest in the property shall devolve by survivorship upon the
surviving members of the coparcenary. By the time of his death in
the joint family, there were only three males which include
Veeraraghavacharyulu and his two sons and they alone
constituted coparcenary. If no other fact is there on death of
Veeraragavacharyulu, his interest in the coparcenary shall
devolve on his two sons who are the other coparceners and this
devolution was by application of the principle of survivorship.
However, there is proviso in the un-amended Section 6 of the
Hindu Succession Act, 1956 which states that if the deceased
had left surviving a female relative in class 1 of the schedule, the
interest of the deceased in the Mitakshara coparcenary property
shall devolve by testamentary or intestate succession as the case
may be under the Act and not by survivorship. As a fact,
Veeraraghavacharyulu had his wife and five daughters and all of
them are class 1 relatives mentioned in the schedule. Therefore,
the interest of Veeraraghavacharyulu in the coparcenary would
24
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
not devolve by survivorship on his two sons. His interest in the
coparcenery property should be shared by his class 1 legal heirs,
In other words, his wife and two sons and five daughters were
entitled
to take the share
of the interest of late
Veeraraghavacharyulu in the coparcenary property. Death of late
Raghavacharyulu is a fact. Such death isi a legal incident in the
context of devolution of interest ini coparcenery property. Such
legal consequences cannot be discarded. The
statutory legal
consequence arising on the death of Veeraraghavacharyulu shall
always be kept in mind. Since by that date of his death on
26.02.1986, the law
as applicable by then alone had to be
applied. This is to be done by way of notional padition. Thus, the
Share of late Veeraraghavacharyulu needed to be determined so
as to distribute it in accordance with the proviso contained in the
un-amended section 6 of the Hindu Succession act. By doing so.
the 1/3”’^ share of late Veeraraghavacharyulu
was succeeded by
his wife, two sons and five daughters which means it must be
shared by eight persons. However, the crucial aspect to be
observed is whether this notional
partition has brought disruption
of the entire
coparcenery or not. In the Treatise of Mullah,
Principles of Hindu law. Seventh Edition page 250, referring to
25
Dr.VRKSJ
A,S.No.852 of 2012 & Batch
the notional partition, the great jurist had stated that the notional
partition is for the purpose of enabling succession to and
computation of an interest, which was otherwise liable to devolve
by survivorship and for the ascertainment of the shares in that
interest of the relatives mentioned in class I of the schedule.
Subject to such carving out of the interest of the deceased
coparcener, the other incidents of the coparcenary are left
undisturbed and the coparcenary can continue without disruption.
The statutory fiction which treats an imaginary state of affairs as
real requires that the consequences and incidents of the putative
state of affairs must flow from or accompany it as if the putative
state of affairs had in fact existed and effect must be given to the
inevitable corollaries of the state of affairs. It is further mentioned
the operation of the notional partition and its inevitable corollaries
and incidents is to be only for the purpose of section 6, namely.
devolution of interest of the deceased in the coparcenary property
and would not bring about total disruption of the coparcenary as if
there had in fact been a regular partition and severance of status
V among all the surviving coparceners.
26
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
27. In Anar Devi’s case^^, the Hon’ble Supreme Court of India
after noticing the above statement of law contained in the
Treatise of Mulla, and after considering the facts of the case
concluded saying that notional partition on the death of Sri Nemi
Chand had also brought with the entitlement of his son to take up
half share in the coparcenery in addition to 1/3^*^ share of the
deceased father as one of his successors. It is this ruling that was
considered by the trial court and accordingly, it disposed of the
suit for partition. It is this principle which has now fallen for debate
in the present appeal and cross appeal.
28. It is at this juncture, one is required to notice the law laid
down by the three Judges Bench of the Hon’ble Supreme Court
of India in Vineeta Sharma’s case^^. The reference before their
lordships raised the questions concerning the interpretation of
section 6 of the Hindu Succession Act as it stood prior to the
amendment and after the amendment in the year 2005 in view of
the conflicting decisions of the Division Bench of the Hon’ble
Supreme Court of India in Prakash Vs PhulavatP’* and
Supra 9
Supra 6
(2016) 2 see 36
27
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
Danamma Vs Amar^^ After elaborate consideration of the
statute and the precedent, their Lordships answered the
reference at paragraph No. 137 and the same reads as below.
137. Resultantly, we answer the reference as under:
137.1. The provisions contained in substituted
Section 6 of the Hindu Succession Act, 1956 confer status
of coparcener on the daughter born before or after the
amendment in the same manner as son with same rights
and liabilities.
137.2. The rights can be claimed by the daughter
born earlier with effect from 9-9-2005 with savings as
provided in Section 6(1) as to the disposition or alienation,
partition or testamentary disposition which had taken place
before the 20th day of December, 2004.
137.3. Since the right in coparcenary is by birth. It is
not necessary that father coparcener should be living as on
9-9-2005.
137.4. The statutory fiction of partition created by the
proviso to Section 6 of the Hindu Succession Act, 1956 as
originally enacted did not bring about the actual partition or
disruption of coparcenary. The fiction was only for the
purpose of ascertaining share of deceased coparcener
when he was survived by a female heir, of Class I as
specified in the Schedule to the 1956 Act or male relative of
such female. The provisions of the substituted Section 6
are required to be given full effect. Notwithstanding that a
preliminary decree has been passed, the daughters are to
be given share in coparcenary equal to that of a son in
pending proceedings for final decree or in an appeal.
137.5. In view of the rigour of provisions of the
Explanation to Section 6(5) of the 1956 Act, a plea of oral
partition cannot be accepted as the statutory recognised
mode of partition effected by a deed of partition duly
registered under the provisions of the Registration Act,
1908 or effected by a decree of a court. However, in
exceptional cases where plea of oral partition Is supported
by public documents and partition is finally evinced in the(2018) 3 see 343
28Dr.VRKSJ
A.S.No.852 of 2012 & Batchsame manner as if it had been affected (sic effected) by a
decree of a court, it may be accepted. A plea of partition
based on oral evidence alone cannot be accepted and to
be rejected outrightly. ”
Thus, it is to be noted that this statutory fiction of the
partition created by the proviso to Section 6 of the Hindu
Succession Act, 1956, as originally enacted did not bring about
the actual partition or disruption of coparcenary. The fiction was
only for the purpose of ascertaining share of deceased
coparcener when he was survived by a female. The provisions of
the substituted Section 6 are required to be given full effect. At
paragraph No.71, their Lordships have stated that no coparcener
has any fixed share. It keeps on fluctuating by birth or by death. It
is the said principle of administration of Mithakshara coparcenery
carried forward in statutory provisions of section 6. Even if a
coparcener had left behind female heir of class I or a male
claiming through such female class I heir, there is no disruption of
the coparcenery by statutory fiction of partition/ notional partition.
Fiction is only for ascertaining the share of the deceased
coparcener, which would be allotted to them as and when an
actual partition takes place. The deemed fiction of partition is for
that limited purpose. The classic Shastric Hindu law excluded the
29Dr.VRKSJ
A.S.No.852 of 2012 & Batchdaughter from the coparcenery, which injustice has now been
done away with by amending the provisions in consonance with
the spirit of the Constitution. At Paragraph No.74, their Lordships
stated that the death of every coparcener is inevitable. How the
property passes on death is not relevant for interpreting the
provisions of section 6(1). Survivorship as a mode of succession
of property of a Mitakshara coparcenery, has been abrogated
with effect from 09.09.2005 by Section 6(3). At Paragraph No. 69
and 76, their Lordships stated that a daughter can assert the right
on and from 09.09.2005 and seek for partition, provided as on
09.09.2005, there shall be a coparcenery in existence. At
paragraph No.80, their Lordships stated that it is not necessary to
form a coparcenery or to become a coparcenar that a
predecessor coparcener should be alive. Relevant is birth within
degrees of coparcenary to which it extends. Any reference to the
of a
coparcener shall include a reference to the daughtercoparcenar. At paragraph No. 107, their Lordships have further
stated that the statutory fiction of partition is far short of actualpartition, it does not bring about disruption of the joint family or
that of coparcenary is the settled proposition of law.
30
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
29.
One is required to notice the ratio in Shub Karan BubnaI/s Sitha Satan Bubna^>. Their Lordships stated that partition is
a redistribution
or adjustment of pre-existing rights among co
owners/ coparceners, resulting in a division of lands or other
properties jointly held by them into different plots or portions and
delivery thereof to the
respective allottees. The effect of such
division
is that the joint ownership is terminated and the
respective shares vest in them in severalty, “separation of share”
IS a species of partition. When all
co-owners get separated, it is a
partition. Separation of share refers to a division where only one
or only a few
among several co-owners/coparceners gets
separated, and others continue to be joint or continue to hold the
remaining property jointly without division by metes and bounds,
For example, where four brothers
owning property divided among
themselves by metes and bounds , it is a partition, but if only one
brother wants to get his share
separated and other three brothers
continue to remain joint, there is only separation of the share of
one brother.
30.
In the light of the above principles, the facts on record are
to be considered
2009 (9) see .
31
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
31. It is undisputed that the plaint schedule properties were not
subjected to any partition under a registered partition deed. By
the time of institution of the suit, as per the pleadings, all the
plaint schedule properties were in existence and were held by the
joint family. There was no earlier suit for partition, and there was
no final decree dividing the properties by metes and bounds.
Thus, by the time the suit was filed, the suit schedule properties
were intact and were held by the joint family. Thus, they were
joint family coparcenary properties as on the date of filing of the
suit. If that be the case, the daughters who have become
coparceners from the time of their birth by virtue of the
amendment in the year 2005 to the Hindu Succession Act, they
are entitled to sue for partition. The contention of the appellants/
D2 and D3 that they are not entitled to sue for partition is against
the law.
32. The legal status of D1/ Sri Mohan Krishnamacharyulu /
eldest son of late P. Veeraraghavacharyulu has been contested.
According to D2 and D3, this D1 got separated from the joint
family. This was denied by plaintiffs as well as D1. Whatever D1
may have written in his Ex.B4 letters, the question of separation
or relinquishment should be only through a registered
32
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
relinquishment deed or a registered partition deed. Neither of
them is made available by those who contended that D1 was
separated from the family. Therefore, there is no merit in the
contention of D2 and D3 and the observations of the trial court
that D1 continued to be member of the joint family and
coparcenary is right on facts and law.
33. The principal contention of D2 and D3 in their appeal is that
the properties ceased to be joint family properties. Their
contention is based on the un-amended section 6 and notional
partition bringing disruption of coparcenary. This contention has
no legal merit in view of the binding precedent of their Lordships
in Vinita Sharma‘s case. Even otherwise, the facts on record do
indicate that even after the death of late P.Veeraraghavacharyul u,
the joint status of his children remained undisturbed. This aspect
of the matter needs consideration along with Ex. B9, B10 wills.
34. The Evidence of DW.2 to 9 is to prove Ex. B9 and B10
wills. Both are unregistered wills. Under Ex. B9, item No.6 of the
plaint schedule was given to Smt.Rajya Lakshmamma, while the
remaining plaint schedule properties were given to late
Kesavacharyulu. Under Ex.BIO, Smt.Rajya Lakshmamma gave
33
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
item No.6 of the plaint schedule to late Kesavacharyulu. D2 and
D3 put faith in Ex. B9 and B10 and contend that by virtue of these
wills, late Kesavacharyulu got the properties and thus they were
his self acquired properties and they ceased to be joint family
properties. This court finds no merit in this contention. Assuming
that Ex. B9 and B10 wills are proved and are to be acted upon,
the principle to be noticed is that the testator must have legal
capacity to bequeath properties in the manner they were
attempted to be bequeathed under those wills. In this regard
Section 30 of the Hindu Succession Act, 1956 is required to be
noticed and the same reads as below.
30. Testamentary succession.–1 Any Hindu may
dispose of by wiii or other testamentary disposition any
property, which is capabie of being so 2 [disposed of by
him or by her], in accordance with the provisions of the
indian Succession Act, 1925 (39 of 1925), or any other iaw
for the time being in force and appiicabie to Hindus.
Expianation.–The interest of a mate Hindu in a
Mitakshara coparcenary property or the interest of a
member of a tarwad, tavazhi, atom, kutumba or kavaru in
the property of the tarwad, tavazhi, atom, kutumba or
kavaru shaft, notwithstanding anything contained in this Act
or in any other iaw for the time being in force, be deemed to
be property capabie of being disposed of by him or by her
within the meaning of this section.
35. Testamentary disposition can be made only to the extent
of that interest the testator holds in the coparcenery. A reading of
Ex.B9 will executed by Veeraraghavacharyulu shows that all the
34
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A.S.No.852 of 2012 & Batch
plaint schedule properties which are mentioned in the said will are
his ancestral properties. That being the own admission of the
testator, what all he could bequeath under a will is only his share.
He could not bequeath the share of other coparcener, namely, his
eldest son/Sri P. Mohan Krishnamacharyulu/D1. Similarly, other
coparcener/ Kesavacharyulu had his own share in the
coparcener/ and therefore it was not within the competence of
Veeraraghavacharyulu to bequeath that share also. In such view
of the matter. Ex. B9 will, even if accepted as true cannot be
given full effect to. If Ex.B9 fails, it follows that Ex.BIO shall fail.
36. On considering the submissions raised on behalf of D2 and
D3, this court assumes for a while that by virtue of the evidence
of DW.2 to 9, Ex.B9 will is proved. Still to act upon such will the
mere formal evidence by itself would not come to avail and one
has to see all the attendant circumstances and the conduct of the
parties.
37. In this regard, the following significant aspects as available
from the material on record are required to be noticed.
Ex. B9 will dated 16.12.1985 is an unregistered will. It was
executed by late Veeraraghavacharyulu. If really, this was a true
35
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
will, the beneficiary under the will/ Kesavacharyulu could have
acted upon the terms of the will. The suit was filed in the year
2007, which means 22 years after Ex. B9 will. During the period
of more than two decades, he did not seem to have obtained
mutation of entries in Revenue records. That much is clear since
his wife and daughter who are parties to the suit as D2 and D3
did not file any such documents indicating mutation of entries.
38. Ex.B2 is registration extract of a sale deed dated
23.04.1993. Ex.B3 is registration extract of a sale deed dated
20.11.1998. These sale deeds were executed by the two sons of
late Veeraraghavacharyulu. Under the former document, they
sold 10 cents of the land in survey number 85/3 and under the
latter document, they sold 18 cents of the land in survey number
85/3. Those purchasers are D4 and D5. These two sale deeds
were executed long after Ex.B9 will of the year 1985. If really
there was such a will in favour of late Kesavacharyulu, he would
have asserted his rights and would have sold the properties by
himself. The very fact that he did not sell them by himself, and he
sold them only along with his elder brother/DI indicates that the
properties continued to be joint.
36
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A.S.No.852 of 2012 & Batch
39. Ex. B2, B3 have not made any reference to Ex. B9 will. If
really there was such a will, it should have found a mention in
those documents.
40. From the oral evidence on both sides, it is seen that late
Veeraraghavacharyulu during his lifetime filed O.S.No.278 of
1985 praying for certain reliefs against third parties. He died
pending that suit. Ex. B9 will was said to have been executed by
him during his lifetime. On the death of Veeraraghavacharyulu,
the legatee under Ex.B9 would have been the only legal
representative to prosecute O.S.No.278 of 1985. DW.2 who is the
wife of late Kesavacharyulu stated during her cross-examination
that O.S.No.278 of 1985 was looked after by her husband
Kesavacharyulu only and by then D1 was in Madras. It is seen
from the evidence on record that in that suit on death of late
Veeraraghavacharyulu, all his five daughters and two sons came
on record as his legal representatives.
41. Absence of mutations in Revenue records, absence of any
mention of Ex. B9 will in Ex. B2, B3 sale deeds, execution of
Ex.B2, B3 Wills by the two brothers disregarding Ex.B9 will
standing in favour of late Kesavacharyulu, non-disclosure of the
37
Dr.VRKSJ
A.S.No.852 of 2012 & Batch
will to the court in O.S.No.278 of 1985, cumulatively indicated to
the mind of the trial court that Ex. B9 will was spurious. The
contention of D2 and D3 that because of demand by the
purchasers, D1 also joined execution of Exs.B2 and B3 and that
D1 played fraud and all the children of late Veeraraghavacharyul u
joined as legal representatives in O.S.No.278 of 1985 have no
merit and cannot serve to say anything other than what the trial
court said about the two wills.
42.
The claim of D2 and D3 that the joint family properties
ceased to be joint family properties by virtue of Ex. B9 will and Ex.
BIO will, is devoid of any merit. As stated earlier, late
Veeraraghavacharyulu was legally not competent to bequeath the
entire coparcenery property and an incompetent act cannot be
considered to change the legal character of the property.
43. Viewed in the above context of reasons, one has to
necessarily say that as on the date of filing of the suit in the year
2007, coparcenary existed and the daughters are entitled to sue
for their share. Their prayer in the suit is for division among all the
seven children in equal proportion. Trial Court granted share to
the daughters only in the share of the deceased coparcener.
39
Dr.VRKS,J
A.S.No.852 of 2012 & Batch
45,
The grounds urged in the appeal by D2 and D3 that item
Nos.1 and 2 of the plaint schedule were sold out to third parties
and that item Nos.3 and 5 of the plaint schedule properties were
alienated under agreement of sale –
cum – GPA are not required
to be considered since they were not part of the evidence.
46.
For the reasons mentioned above, points are answered
against D2 and D3/ appellants and in favour of plaintiffs/
appellants in the cross appeal.
Point No.5: –
In view of what i
IS stated above, the impugned judgment
requires interference.
47.
In the result, the impugned judgment dated 05.06.2012 in
O.S.No.33 of 2007 of learned Judge, Family Court – cum
Additional District Judge, Ongole IS set aside. O.S.No.33 of 2007
stands decreed, dividing the plaint schedule property into 7 equal
shares. Each of the five plaintiffs is entitled for one such share.
Defendant No.1 in the suit is entitled for one such share. The one
share of late Kesavacharyulu shall be given to defendant Nos.2
and 3 who represented his
estate. Plaintiffs in the suit are entitled
to move relevant application for assessment of mesne profits.
38
A.S
Dr.VRKSj
■No.852 of 2012 & Batch
namely, late
Veeraraghavacharyulu which
the cross IS incorrect. Therefore,
trial
appeal of the plaintiffs is full of merits In •mpugning
I the
court’s judgment. On
considering the facts and law, it is
crystal clear that the
suit ought to have been decreed dividing the
property into seven
equal proportions
granting one share to each
of the children of late
Veeraraghavacharyulu end Rajya
Lakshmamma.
44.
The properties
covered under Ex.B2, 83 are not part of the
Piaint schedule
properties. There was no
contention from
defendants i
‘n the suit, that the suit is bad for
seeking partial
partition. None of the
parties to the suit have challenged Ex. B2
and B3 which indicates
fhey all accept such alienations. In
such
circumstances, trial court
mentioning about adjustment of equities
IS uncalled for. Be it
noted, referring to Ex.
there were no B2 and B3 alienations,
pleadings on both sides. Even after i
frnpleadment of
D4 and D5 who were
purchasers under Ex. B2 and B3 the
pleadings on both sides
were not amended. There has been no
Whisper in the pleadings in the evidence in
or
challenge to Ex. B2
B3. Therefor
e, the findings and the
operative portion of the trial
court judgment referring to Ex. B2, B3 and D4
and D5 cannot be
supported and
are thus set aside.
40
Dr.VRKSj
A.S.No.852 of 2012 & Batch
Accordingly, A.S.No.852 of 2012 is dismissed and I.A.No.12 of
2012 (Cross Appeal No.16690 of 2012) is allowed. Both parties
shall bear their own costs.
As a sequel, miscellaneous applications pending, if any
shall stand closed.
Sd/- V. DIWAKAR
DEPUTY REGISTRAR
//TRUE COPY//
SECdS^OFFICER
To,
1. The Family Court-cum- Additional District Judge, Ongole, Prakasam
District (with records if any)
2. One CC to Sri Yallabandi Ramatirtha, Advocate [OPUC]
3. One CC to Sri Y V Anil Kumar, Advocate [OPUC]
4. The Section Officer. VR Section, High Court of Andhra Pradesh at
Amaravathi
5. Two CD Copies
stu
RAM
HIGH COURT
DATED: 17/06/2025
JUDGMENT + DECREE
AS.No.852 of 2012 and I.A No.12 of 2012(CROSS
OBJECTIONS No. 16690 of 2012)
DISMISSING THE APPEAL SUIT