HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY S.A.No.985 of 2013 Date : 6-6-2014 Between :
Pittu Sambasiva Rao ..
Appellant And Pittu Musalaiah and others .. Respondents Counsel for appellant : Smt. Ch. Lakshmi Kumari Counsel for respondents : Sri I. Gopal Reddy The Court made the following :
JUDGMENT:
This Second Appeal arises out of Judgment and decree dated 24-8-2011 in A.S.No.155/2010 on the file of the learned II Additional District Judge, Ongole, whereby she has confirmed the Judgment and decree dated 2-8- 2010 in O.S.No.318/2005 on the file of the learned Additional Senior Civil Judge, Ongole.
I have heard Smt. Chintalapudi Lakshmi Kumari, learned Counsel for the appellant and perused the record.
The appellant filed the above mentioned suit for partition of the suit schedule properties against the respondents, who are his brothers. The respondents have resisted the suit by pleading that under oral partition all the brothers have been enjoying their respective shares for more than 25 years and that each of the brothers has been exercising exclusive rights over the parcels of lands which fell to their shares. On considering the oral and documentary evidence, the trial Court has accepted the plea of the respondents that there was oral partition in pursuance of which all the parties have been enjoying their shares separately. The lower appellate Court, on re-appreciation of facts, confirmed the said findings.
The fact that each of the brothers, including the appellant, is in possession and enjoyment of separate properties is admitted by the appellant. This fact is sufficient to accept the plea of oral partition set-up by the respondents. No substantial question of law has been raised by the appellant for interference with the Judgments of the Courts below.
For the above mentioned reasons, the Second Appeal is dismissed.
As a sequel to the dismissal of the Second Appeal, SAMP No.2575/2013 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 6-6-2014 AM