THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2190 OF 2010 DATED:11.06.2010 Between: Vankayala Leela Manasa .. Petitioner And Vankayala Naga Venkata Satya Krishna and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.2190 of 2010 ORDER: The petitioner is a minor represented by her mother. The first respondent is her father and respondent Nos.2 and 3 are paternal grandfather and grandmother respectively. There have been disputes between the petitioner’s mother and father for about two years. The petitioner instituted O.S.No.163 of 2010 on the file of the Court of the Senior Civil Judge, West Godavari, Bhimavaram, for partition of properties, which are allegedly owned by the joint family of the respondents. Along with the suit, the minor petitioner filed I.A.No.668 of 2010 under Order XXXIX, Rule 7 of the Code of Civil Procedure for appointment of an advocate commissioner to take inventory of the movables of M/s. Dhanalakshmi Automobiles, which is allegedly a joint family business. On the ground that the business or the properties are not owned by the joint family property, the application was dismissed by the Court below on 09.04.2010. This is the subject matter of the Civil Revision Petition under Article 227 of the Constitution of India. This Court heard counsel for the petitioner. There cannot be any dispute that in a case of this nature, the presumption is that the joint family does not own any separate property. If any member of the joint family alleges that the property is ancestral property, the burden lies on such persons to prove the same. When the petitioner alleges that M/s.Dhanalakshmi Automobiles, a retail shop, is the joint family property of the respondents, prima facie proof is required. No such proof is produced. The impugned order does not suffer from any error apparent on the face of the record. The Civil Revision Petition is, accordingly, dismissed. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 11.06.2010 KH