Parvathamma vs Venkatsivamma .

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1104 OF 2016 (Arising out of SLP(C)No.4492 of 2008)

PARVATHAMMA & ORS. ... APPELLANT(S)

VS.

VENKATSIVAMMA & ORS. ... RESPONDENT(S)

J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. Heard the learned counsel for the parties.

3. Upon perusal of the impugned judgment as well as the

judgment delivered by the trial court, we find that the

High Court ought not to have interfered with the findings

arrived at by the trial court, especially in view of the

fact that the partition of the property, among the family

members, had taken place on 20th June, 1990, whereas the

suit for partition had been filed by the

Respondent-daughters in the year 1993.

4. There is no finding to the effect that at the time of Signature Not Verified Digitally signed by Sarita Purohit Date: 2016.02.13 partition, the parties did not agree or there was any 10:46:03 IST Reason:

coercion. In absence of such a factor, especially when

1 the partition had taken place at free will of the father

of present respondents, we do not see any reason for the

High Court to interfere with the order passed by the trial

court. Very often, for some special reasons, not recorded

in the partition deed, the properties may not be divided

equally. Partition of family property, being a subject

involving the family, the family members may agree to

unequal partition for some just reasons.

5. In the circumstances, we allow the appeal and dismiss

the suit.

6. The appeal is disposed of as allowed with no order as

to costs. Judgment delivered by the trial court is

restored. Pending application, if any, stands disposed

of.

..............J. [ANIL R. DAVE]

.................J. [ADARSH KUMAR GOEL] New Delhi;

9th February, 2016.

2 ITEM NO.6 COURT NO.2 SECTION XIIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).4492/2008

(Arising out of impugned final judgment and order dated 07/03/2007 in AS No.2408/2000 passed by the High Court Of A.P. At Hyderabad)

PARVATHAMMA & ORS. Petitioner(s)

VERSUS

VENKATSIVAMMA & ORS. Respondent(s) (With appln.(s) for permission to file additional documents and interim relief and office report)

Date : 09/02/2016 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Petitioner(s) Mr. V.V.S. Rao,Sr.Adv.

Mr. Y. Raja Gopala Rao,Adv.

Ms. Vijayshree Pattnaik,Adv. Mr. K. Sharat Kumar,Adv.

For Respondent(s) Mr. D. Ramakrishna Reddy,Adv.

For Mrs. D. Bharathi Reddy,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of as allowed with no order as to costs in terms of the signed Non-reportable judgment.

(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar

(Signed Non-reportable judgment is placed on the file)

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