Vallepu Funnamma (Died), v. Vallepu Sri Devi

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN Second Appeal No.724 of 2017 Judgment:

The second appeal arises out of concurrent judgments granting a preliminary decree for partition.

2. Heard Mr. A.P. Venugopal, learned counsel for the appellants.

3. The total extent of property for which 7 sharers are fighting, is approximately 140 square yards. The Court below has held that each of the parties will be entitled to 1/7th share.

4. The appellants have come up with the above second appeal raising a question revolving around Sections 2 and 4 of the Partition Act. Since the extent of the property itself is small, it will be good if the parties raise this plea in the final decree proceedings so that a finality could be reached. I see no other substantial question of law. Therefore, leaving it open to the appellants to raise the contentions revolving around Sections 2 and 4 of the Partition Act in the final decree proceedings, the second appeal is dismissed. The miscellaneous petitions, if any, pending in this second appeal shall stand closed. No costs.

__________________________ V.RAMASUBRAMANIAN, J.

28th July, 2017.

Ak

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN Second Appeal No.724 of 2017 28th July, 2017.

(Ak)