As a judicial officer in civil court assessing the below partition suit in Andhra Pradesh, India under cpc rules and judicial practices in civil courts in india especially adjudicating partition suits where father obtained maintenance orders for monthly maintenance and property protection after his wife died and plaintiff already challenged appellate tribunal decision not in her favour in the high court with writ petition filed 18 months before this partition suit admitting in her own writ petition that except item no.4 which was restored to father by the appellate tribunal all other properties were father and brothers properties and she does not have any right in those. She purposefully omitted all the previous proceedings in Appellate Tribunal and pending high court writ petition. Can you do a SWAT analysis on the below partition suit and provide me with the report.


IN THE COURT OF THE HON’BLE CIVIL JUDGE (JUNOR DIVISION) AT
						MYLAVARAM
						O.S.No. 143/2024

Between :- 
Alavala Vijaya Kumari 					... Plaintiff

							And

1. Thummuru Bose Reddy 	
2. Thummuru Ravindra Reddy 				... Defendants


PLAINT FILED ON BEHALF OF THE PLAINTIFF UNDER SECTION 26 
ORDER 7 RULES 1 AND 2 OF CODE OF CIVIL PROCEDURE.

1. ADDRESS AND DESCRIPTION OF THE PLAINTIFE :-

Alavala Vijaya Kumari wife of Srinivaga Reddy, aged 52 years, resident of Raghavapuram Village, Reddygude Mandal, Krishna District, now NTR District

		Address for service is to that of her counsel.
		PRATTIPATI RAVI KISHORE, Advocate; MYLAVARAM.


2. ADDRESS AND DESCRIPTION OF THE DEFENDANTS

1. Thummuru Bose Reddy, S/o. late. Krishna Reddy, aged about years and resident of Door No.2-49, Kotha Reddygudem Village, Reddygudem mandal, Krishna district, Now NTR District.

2. Thummuru Ravindra Reddy, S/o. Bose Reddy, aged about years and resident of Door No.2-49, Kotha Reddygudem Village, Reddygudem mandal, Krishna district, Now NTR District. 

		Address for service is same as above

3. It is respectfully submit that the plaintiff, 2nd defendant are the children of the 1st defendant. The plaintiff and defendants No. 1 and 2 are the members of the Hindu Undivided Joint family and constituted Hindu joint family. 

4. It is respectfully submit that the 1st defendant and Tummuru Venkata Narayanamma are the husband and Wife and they were blessed 2nd defendant and the plaintiff. Thus, plaintiff and 2nd defendant are brother and sister and children of 1st defendant. The 1st defendant is the Kartha of the joint family and managing joint family properties i.e., An extent of Ac. 1-24 cents which was situated in R.S. No.  636/2B of Kunaparajuparva Village of Reddygudem mandal, An extent of Ac 1-43 cents which was situated in R.S.No. 305/1 of Reddugudem Village of Reddygudem mandal, An extent of Ac.0-11 cents of vacant house site 5324 sq. yards of house site bearing door No.2-49, Assessment No. 249 which was situated in R.S. No. 377/1 of Kotha Reddygudem Village of Reddigudem mandal and An extent of Ac. 1-86 cents which was situated in R.S. No. 615/1 of Kunaparajuparva Village of Reddigudem mandal, now in NTR District Which are more fully set out and described in the schedule appended to the plaint and herein after referred to as item Nos. 1 to 4 of the plaint schedule properties.

5. It is respectfully submit the plaintiff and defendants Nos. 1 and 2 are constituted Hindu joint family. The plaintiff is a coparcenary in the joint family. 1st defendant being father of the plaintiff got some ancestral properties and with the income derived on the said properties, 1st defendant purchased an extent of Ac.@-06 cents out of Ac.0-11 cents in Kotha Reddygudem Village. The remaining extent of Ac.0-05 cents out the Ac.0-11 cents is the ancestral property and the said extent is situated at Kotha Reddygudem Village, Reddygudem Mandal, now in NTR District.

6. The plaintiff humbly submit that the 1st defendant being the Kartha of the family used to manage the plaint schedule properties with the help and assistances of his children i.e,. plaintiff and 2nd defendant and distributing the income accured through the plaint schedule properties among the members according to their share. The plaintiff and the defendants Nos. 1 and 2 have been in joint and constructive possession of the plaint schedule properties by having undivided 1/3 share each in the plaint schedule properties.

7. It is respectfully submit that the mother of the plaintiff Tummuru Venkata Narayanamma died intestate on 19-06-2018 by leaving defendants and the plaintiff as her Class-I legal heirs. The mother of plaintiff i.e., Tummuru Venkata Narayanamma possessed an extent of Ac.1-86 cents covered under R.S. No.615/1 of Kutlaparajuparia Village of Reddygudem Mandal. The plaintiff is entitled 1/3 share in said extent of Ac.1-86 cents also. The said property described as one of the Item in plaint Schedule properties. It is further stated that no partition was took place at any point of time pertaining to the ancestral properties of the plaintiff i.e., plaint Schedule properties and also the property of the deceased mother of plaintiff. As such all the plaint schedule properties have to be partitioned among the defendants Nos. 1 and 2 and plaintiff.

S.NO. 	Village 			R.S.No. 		Extent.No.
1. 		Kunaparajuparva 	636/2B 			Ac.1.24 cents.
2. 		Reddygudem 			305/1 			Ac.1-43 cents.
3. 		Kotha Reddygudem  	Door No.2-49 	Ac.0-11 cents.
							RcC building 	(532. sq. yards)
							therein.

Tummuru Venkata Narayanamma Property.
S.No. 	Village 			R.S.No. 		Extent.
1. 		Kunaparajuparva 	615/1 			Ac.1.86 cents

8. It is respectfully submit that at the time of marriage the plaintiff, 1st defendant gave Ac.2-05 cents of land covered in R.S.No. 306/3 of Reddygudem Village and Mandal towards Pasupu Kumkuma and promised to the plaintiff that he will give her legitimate share at the time of partition in later course of time. But, 1st defendant being kartha of joint family without effect of partition of the plaint schedule properties and he seriously trying to alienate/transferred the properties in favour of 2nd defendant thereby ignoring the plaintiff's share by saying that she is female and she cannot do nothing. Thus defendants Nos.1 and 2 who are father and brother of the plaintiff eliminating the plaintiff in allotting her legitimate share in the plaint schedule properties. The defendants Nos.1 and 2 are liable to partition the plaint schedule properties into 3 equal shares and allot one such share to the plaintiff. In fact the plaintiff is and has been demanding The defendants for the last two years when The defendants Stopped to give her share of income over the plaint schedule properties. The defendants Nos.1 and 2 without partitioning the plaint schedule properties dragging on the matter on pretext or the other. In these circumstances the plaintiff decided to give this demand plaintiff for partition of plaint schedule properties. 

9 While the matters stood thus the plaintiff recently came to know that The defendants Nos.1 and 2 colluded together and with a view to deny the legitimate share of the plaintiff in the plaint schedule properties and to appropriate the sale proceeds for themselves, trying to alienate the plaint schedule properties without the knowledge and consent of the plaintiff. The plaintiff being the co-sharer having undivided 1/3 equal shares in the plaint schedule properties, any alienations made without the knowledge and consent of the plaintiff, those transaction are will be null and void and not binds the rights of the plaintiff in the plaint schedule properties.

10. The plaintiff humbly submit that as The defendants Nos.1 and 2 acting adverse and detrimental to the interests of the plaintiff in the plaint schedule properties, the plaintiff thought it is no longer beneficial to her to continue the properties as joint and demanding The defendants Nos.1 and 2 to come forward and cooperate with the plaintiff. for partition of the plaint schedule properties and to allot her 1/3 legitimate share with separate possession and enjoyment, but The defendants Nos.1 and 2 are postponing the same on one pretext or the other. As such, on 09-09-2024 the plaintiff got issued a registered demand notice to the defendants Nos.1 and 2 demanding them to come forward and cooperate with the plaintiff for partition of the plaint schedule properties and to allot his 1/3rd legitimate share with separate possession and enjoyment. Inspite of issuance of the said notice also the defendants did not choose to come forward for partition of the plaint schedule properties. As such, the plaintiff is constrained to file this suit for partition of the plaint schedule properties into 3 equal shares and to allot one share to him with separate possession and enjoyment with meets and bounds along with good, bad and medium qualities. Hence this suit.

11. The cause of action for the suit arose on and from when the plaintigs and defendants are became the members of the Hindu Undivided joint family, on and from when the joint family of the plaintiff and defendants owned and possessed the plaint schedule properties, on and from when the plaintiff and defendants have been in joint and constructive possession of the plaint schedule property under the management of the 1%t defendant being the Kartha of the joint family, on and from when the defendants Nos.1 and 2 colluded together and making attempts to alienate the plaint schedule ‘property by denying the legitimate share of the plaintiff, on and from when the plaintiff demanding the defendants for partition of the plaint schedule properties, on and from when the defendants are postponing the  same on one pretext or the other, on and from 09-09-2024 when the plaintiff got issued a registered notice demanding the defendants Nos.1 and 2 to come forward for partition of the plaint schedule Properties and to allot his legitimate share, on and from when the defendants failed to come forward for partition of the plaint schedule properties and at Kunaparajuparva, Kotha Reddygudem, Reddigudem Village, Reddygudem Mandal Krishna _ district, now in NTR District where the plaint schedule properties are situated which are within the jurisdiction of this Honourable Court.

12. PARTICULARS OF CLAIM :-

i) Value of the item No.1 of the plaint schedule
Property as per the Market value certificate is Rs.8,18, 400-00
Plaintiffs 1/3" share value is Rs. 2,72,800-00
3/4" value of the plaintiff's 1/3 share is Rs. 2,04,600-00

ii) Value of the item No.2 of the plaint schedule
Property as per the Market value certificate is Rs.9,43, 800-00
Plaintiffs 1/3 share value is Rs. 3,14,600-00
3/4" value of the plaintiff's 1/3 share is Rs. 2,35,950-00

iii) Value of the item No.3 of the plaint schedule
Property as per the Market value certificate is Rs.18,05, 220-00
Plaintiffs 1/3 share value is Rs. 6,01, 740-00
3/4 value of the plaintiff's 1/3 share is Rs. 4,51, 305-00

iv) Value of the item No.4 of the plaint schedule
Property as per the Market value certificate is Rs. 12,27,600-00
Plaintiffs 1/3" share value is Rs. 4,09, 200-00
3/4" value of the plaintiff's 1/3 share is Rs. 3,06,900-00


13. As the plaintiff is joint and constructive possession the plaint schedule properties with the defendants, the plaintiff is paying the fixed court fees of Rs. 200/- (Rupees two hundred only) as per section 34(2) of A.P.C.F and S.V.Act and a fixed court fee of is here with paid

14. The Value of the suit for the purpose of court fee and jurisdiction under section 50(1) is Rs. 2,04,600 + 2,35,950 + 4,51,305 + 3,06,900 =Rs.11,98,755/- (Rupees eleven lakhs ninety eight thousand seven hundred and fifty five only).

15. The Plaintiff therefore pray that the Honourable court may be pleased to Pass a decree in her favour against the Defendants: -

a) to partition of the plaint schedule Properties into 3 equal shares with meets and bounds and allot one such share to the plaintiff with separate possession and enjoyment;

b) award costs of the suit.

and

c) all such other reliefs which the honourable court deems fit and proper in the circumstances of the case.

Filed by 										Be Pleased to consider


Advocate for Plaintiff  						Plaintiff

	The facts stated above all true and correct to the best of our knowledge belief and information and we believe same as to be true.
	

MYLAVARAM
Date:-  -09-2024 								Plaintiff


LIST OF DOCUMENTS FILED ON BEHALF OF THE PLAINTIFF

1. Office copy of the legal notice dated 09-09-2024.
2. Postal receipts 2 in number
3. Market value certificates 4 in number
4. Postal return cover Dt.11-09-2024

Mylavaram.

Date :- -09-2024 ' 						Advocate for Plaintiff.


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IN THE COURT OF THE HON’BLE CIVIL JUDGE (JUNOR DIVISION) AT
						MYLAVARAM
						O.S.No. 143/2024

Between :- 
Alavala Vijaya Kumari 					... Plaintiff

							And

1. Thummuru Bose Reddy 	
2. Thummuru Ravindra Reddy 				... Defendants

PLAINT SCHEDULE FILED ON BEHALF OF THE PLAITNIFF

Item No.1: An extent of Ac, 1-24 cents which was situated in R.S. No.636/2B of Kunaparajuparva Village of Reddigudem mandal, within the purview of SRO, Vissannapeta, Krishna district, now NTR District,within the following boundaries: -

East 	: Land of Mittapalli Manikyla Rao.
South 	: Crop channel
West 	: Devuni Manyam.
North 	: Land of Gogulamudi Appireddy and others.

Item No.2: An extent of Ac. 1-43 cents which was situated in R.S. No. 305/1 of Reddugudem Village of Reddigudem mandal, within the purview of SRO, Vissannapeta, Krishna district, now NTR District, within the following boundaries: -

East 	: Land of Tummuru Pulla Reddy.
South 	: Road
West 	: Land of Koppula Venkata Reddy.
North 	: Land of Tummuru Pulla Reddy to some extent
			and my client land i.e.., Alavala Vijaya Kumari to some extent	

Item No.3: An extent of Ac. 0-11 cents of vacant house site 532.4 sq. yards of house site bearing door No.2-49, Assessment No. 249 which was situated in R.S. No. 377/1 of Kotha Reddygudem Village of Reddigudem mandal, within the purview of SRO, Vissannapeta, Krishna district, now NTR District, within the following boundaries: -

East 	: House site of Gogulamudi Ramireddy.
South 	: House site of Gogulamudi Ramireddy.
West 	: Road.
North 	: House and house site of Alavala Lakshmi.

Tummuru Venkata Narayanamma Property.
Item No.4: An extent of Ac. 1-86 cents which was situated in R.S. No. 615/1 of Kunaparajuparva Village of Reddigudem mandal, within the purview of SRO, Vissannapeta, Krishna district, now NTR District, within the following boundaries: -

East 	: Land of Guntaka Rajesh Sankar Reddy.
South 	: Land of Gogulamudi Seetha Rami Reddy.
West 	: Land of Vuyyuru Anji Reddy.
North. 	: Crop channel

Filed by 								Be Pleased to consider


Advocate for Plaintiff 					Plaintiff

The facts stated above all true and correct to the best of our knowledge belief and information and we believe same as to be true.


MYLAVARAM
Date :-  -09-2024 						Plaintiff



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