The present appeal is instituted by the unsuccessful
defendants 7 and 8 aggrieved by order dated 04.07.2016 passed
in I.A. No.694/2017 in O.S. No.147 of 2014 on the file of Senior
Civil Judge, Mangalagiri, rejecting application filed for setting aside
ex parte decree dated 25.02.2015.
2. For the sake of convenience, parties herein are referred to
as they were arrayed in the suit.
3. The brief facts of the case in a nutshell are that:
(a) O.S. No.147 of 2014 was filed by the plaintiff/respondent
herein for partition of plaint A schedule property into five equal
shares and for allotment of one such share with metes and bounds
and for separate possession. The suit was instituted on
07.07.2014. Plaintiff instituted suit against her father (D1), two
brothers (D2 & D3) and sister (D4), besides her maternal aunts i.e.,
her father’s sisters (D5 & D6) and the subsequent purchasers
(D7 to D9). It was claimed in the suit that suit schedule properties,
CGR, J
in particular plaint A schedule property, was purchased in the name
of her father and plaint B schedule in the name of her mother by
grandfather of plaintiff from ancestral funds and he died intestate,
therefore, the properties being ancestral properties and plaintiff
and defendants being class – I legal heirs were entitled for share
in the said property.
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