SA/405/2010 of K. Doraswamy Naidu Vs K. Markonda Naidu

1 APHC010515102010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3369] (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO SECOND APPEAL NO: 405/2010 Between: K. Doraswamy Naidu ...APPELLANT AND K Markonda Naidu and Others ...RESPONDENT(S) Counsel for the Appellant: 1. K G KRISHNA MURTHY Counsel for the Respondent(S): 1. YELLAPRAGADA SRINIVASA MURTHY The Court made the following JUDGMENT: 1. The Appellant/Plaintiff filed this Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.') against the Judgment and decree, dated 29.03.2010 passed in A.S. No.122 of 2000 on the file of VIII Additional District Judge (Fast Track Court), Chittoor (for short, 'the 1st Appellate Court') reversing the Judgment and decree, dated 05.06.2000 passed in O.S. No.320 of 1994 on the file of Principal Junior Civil Judge, Chittoor (for short ‘the trial Court’). 2. The Appellant/1st Respondent is the Plaintiff, who filed the suit in O.S.No.320 of 1994 seeking to pass a preliminary decree for division of plaint 2 schedule properties into two equal shares by taking into account