Or.20 rule 18 cpc- We are of opinion that there is nothing in the Code of Civil Procedure which prohibits the passing of more than one preliminary decree if circumstances justify the same and that it may be necessary to do so particularly in partition suits when after the preliminary decree some parties die and shares of other parties are thereby augmented. We have already said that it is not disputed that in partition suits the court can do so even after the preliminary decree is passed. It would in our opinion be convenient to the court and advantageous to the parties, specially in partition suits, to have disputed rights finally settled and specification of shares in the preliminary decree varied before a final decree is prepared. If this is done, there is a clear determination of the rights of parties to the suit on the question in dispute and we see no difficulty in holding that in such cases there is a decree deciding these disputed rights ; if so, there is no reason why a second preliminary decree correcting the shares in a partition suit cannot be passed by the court. So far therefore as partition suits are concerned we have no doubt that if an event transpires after the preliminary decree which necessitates a change in shares, the court can and should do so; and if there is a dispute in that behalf, the order of the court deciding that dispute and making variation in shares specified in the preliminary decree already passed is a decree in itself which would be liable to appeal. We should however like to point out that what we are saying must be confined to partition suits, for we are not concerned in the present appeal with other kinds of suits in which also preliminary and final decrees are passed. There is no prohibition in the Code of Civil Procedure against passing a second preliminary decree in such circumstances and we do not see why we should rule out a second preliminary decree in such circumstances only on the ground that the Code of Civil Procedure does not contemplate such a possibility. In any case if two views are possible - and obviously this is so because the High Courts have differed on the question - we would prefer the view taken by the High Courts which hold that a second preliminary decree can be passed, particularly in partition suits where parties have died after the preliminary decree and shares specified in the preliminary decree have to be adjusted. We see no reason why in such a case if there is dispute, it should not be decided by the Court which passed the preliminary decree, for it must not be forgotten that the suit is not over to the final decree is passed and the Court has jurisdiction to decide all disputes that may arise after the preliminary decree, particularly in a partition suit due to deaths of some of the parties. Whether there can be more than one final decree does not arise in the present appeal and on that we express no opinion. We therefore hold that in the circumstances of this case it was open to the Court to draw np a fresh preliminary decree as two of the parties had died after the preliminary decree and before the final decree was passed. Further as there was dispute between the surviving parties as to devolution of the shares of the parties who were dead and that dispute was decided by the trial Court in the present case and thereafter the preliminary decree already passed was amended, the decision amounted to a decree and was liable to appeal. We therefore agree with the view taken by the High Court that in such circumstances a second preliminary decree can be passed in partition suits by which the shares allotted in the preliminary decree already passed can he amended and if there is dispute between surviving parties in that behalf and that dispute is decided the decision amounts to a decree. We should however like to make it clear that this can only be done so long as the final decree has not been passed. We therefore reject this contention of the appellant.”

HIGH COURT OF ANDHRA PRADESH

FRIDAY ,THE SEVENTEENTH DAY OF MARCH

TWO THOUSAND AND TWENTY THREE

PRSENT

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

CIVIL REVISION PETITION NO: 422 OF 2015

Between:

1. MALLIDI SRI SIVA PRABHAKARA REDDY, E.G.DIST & 2 OTHERS

S/o.DasaraDharamireddy, Hindu, aged 22 years,

R/o.Ravulapalem, Ravulapalem Mandal,

East Godavari District.

2. Mallidi Sri Gowri, D/o. Dasara Dharamireddy, Hindu, aged 20 years,

R/o.Ravulapalem, Ravulapalem Mandal,

East Godavari District.

3. Mallidi Sri Naga Bhupathi Reddy, S/o. DasaraDharamiieddy, Hindu, aged

19 years, R/o.Ravulapalem, Ravulapalem Mandal,

East Godavari District.

...PETITIONER(S)

AND:

1. MALLIDI DASARADHARAMI REDDY, E.G.DIST & 45 OTHERS

S/o.Bullabbai Alias Bhupathireddy, Hindu, aged 52 years, Cultivation,

R/o.D.No.2-164, Ravulapalem,

Ravulapalem Mandal, E.G.Dist.

4. Mallidi Lakshmi Narayana Reddi, S/o.Bullabbai Alias Bhupathireddy,

Hindu, aged 55 years, Cultivation, R/o.D.No.2-164, Ravulapalem,

Ravulapalem Mandal, E.G.Dist.

5. Mallidi Kaniki Reddi, S/o.Bullabbai Alias Bhupathireddy, Hindu, aged 58

years, Cultivation, R/o.D.No.2-164, Ravulapalem,

Ravulapalem Mandal, E.G.Dist.

6. Padala Satyavani, W/o.Ramireddi, Hindu, Aged 37 years., Housewife,

RIo.D.No. 2-85, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

7. Padala Rami Reddy, S/o.Satyanarayana Reddi, Hindu, aged 43 years,

R/o.D.No. 2-86, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

8. Guluguri Venkata Reddi, S/o.Venkata Reddi, Hindu, aged 49 years,

R/o.D.No.6-149/7/1, Ravulapalem,

Ravulapalem Mandal,

East Godavari District.

9. Tetali China Reddi, S/o.Satyanarayana Reddi, Hindu, aged 51 years,

Cultivation, R/o.D.No. 4-43, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

10. Vegisena Pushpavathi W/o.Ramaraju, Hindu, aged 43 years, Housewife,

R/o.D.No. 4-43, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

11. Goluguri Adilakshmi, W/o.Peda Veerreddi, Hindu, aged 49 years,

Cultivation, R/o.D.No. 2-86, Ravulapalem, Ravulapalem Mandal,

East Godavari District

12. Padala Chinnareddi (DIED) -

13. Sathi Markandeyareddi, S/o.Veerreddi, Hindu, aged 45 years, Cultivation,

Ravulapalem, Ravulapalem Mandal,

East Godavari District.

2023:APHC:11486

14. Goluguri Venkata Satyanarayanareddi, S/o.Venkatareddi, aged 42 years,

Cultivation,

R/o. Ravulapalem, Ravulapalem Mandal,

East Godavari District.

15. Goluguri Vijayalakshmi, W/o.Venkata SatyaNarayanareddi Hindu, aged 37

years, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

16. Dr.S.Gopal, Skin Sex Specialist M.K.Reddi Complex, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

17. K.Vishnu, S/o. Not known, aged 44 years, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

18. Karri Vijayabhaskareddi, S/o.Kallikharjuna Rao, Hindu, aged 46 years,

Ravulapalem, Ravulapalem Mandal,

East Godavari District.

19. Kovvuri Sanjeevareddi, S/o.Satyanarayanareddi, Hindu, aged 46 years,

R/o.M.K.Reddi Complex, Ravulapalem,

Ravulapalem Mandal,

East Godavari District.

20. Karri Vijaya Bhaskarareddi, S/o.Satyanarayana Reddi, Prop of Tea Shop,

M.K.Reddi Complex, Ravulapalem, Ravulapalem Mandal, E.G.Dist.

21. Sri Ramireddi. S/o.Not known, Prop: Pan Shop No.5, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal,

East Godavari Dist.

22. Sri Brahman, S/o.Not known, aged 47 years, Hindu, Tailoring Machine

Repairing Works, Shop No.27, M.K,.Reddi Complex, Ravulapalem,

Ravulapalem Mandal, East Godavari Dist.

23. Kalyani Sigars, rep. By its Prop. L.M.V,Reddi, S/o.Ramakrishnareddi, Shop

No.8, M.K.Reddi Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

24. Foundry Shop, rep. By its Prop. Sappa Rama Mohanarao, Shop No.9,

M.K.Reddi Complex, Ravulapalem,

Ravulapalem Mandal, E.G. Dist.

25. G.Munireddi, S/o.Veerreddi, aged 57 years, Shop No.10, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

26. Ch.Somasundara Reddi, S/o Jogireddi, Aged 70 years, Congress

Karyalam,

Shop No.11, MK Reddi Complex,

Ravulapalem, Ravulapalem Mandal, E.G. Dist.

27. A.Srinivasareddy, S/o Seethareddi, Hindu, Aged about 44 years, Chit Fund

Business, Shop No.12, MK Reddi Complex,

Ravulapalem, Ravulapalem Mandal, E.G. Dist.

28. Karri Satyanarayanareddi, S/o Ammireddi, Hindu, aged 54 years, Ome

Namassivaya Lorry Transport Business, Shop No.13, MK Reddi Complex,

Ravulapalem, Ravulapalem Mandal, E.G. Dist

29. Mallidi Satyanarayana Reddy, S/o Veerreddi, Aged 46 years, Prasanthi

Coffee Hotel Business, MK Reddi Complex, Ravulapalem,

Ravulapalem Mandal, E.G. Dist.

30. Tamalampudi Ganesh Reddy, S/o not known, Aged about 47 years, Auto

Mobile business, Shop No.15, MK Reddi Complex,

Ravulapalem, Ravulapalem Mandal, E.G. Dist.

31. Ramana, S/o not known, aged 69 years,

Sridevi Oil Business, Shop No.17, MK Reddi Complex, Ravulapalem,

Ravulapalem Mandal, E.G. Dist.

2023:APHC:11486

32. Tetali Gopalareddi, S/o not known, aged 69 years, Sridevi Oil Business,

Shop No.17, MK Reddi Complex, Ravulapalem, Ravulapalem Mandal, E.G.

Dist.

33. Quality Ice Creams, rep. By its Prop. Shop No.18, MK Reddi Complex,

Ravulapalem, Ravulapalem Mandal, E.G. Dist.

34. State Bank of Hyderabad, rep;. By its Branch Manager, Shop No.19,

Ravulapalem, Ravulapalem Mandal, E.G. Dist.

35. Satyanarayana, S/o not known,

Nagasai Lodge, ShopNo.20, Ravulapalem,

Ravulapalem Mandal, E.G. Dist.

36. Sri Sitharama Lorry Transport, rep. By its Prop. Shop No.1 of Mallidi

Lakshminarayanareddi, Ravulapalem,

Ravulapalem Mandal, E.G. Dist.

37. Sri Vijayalakshmi Electrical Rewinding Works, rep. By its Prop. Shop No.2

of Mallidi Lakshminarayana Reddy, Ravulapalem, Ravulapalem Mandal,

E.G. Dist.

38. Sri Vijayalakshmi Battery works, rep. By its Prop. Shop No.3 of Mallidi

Lakshminarayana Reddy, Ravulapalem, Ravulapalem Mandal, E.G. Dist.

39. Sri Rajeswari Mill Storres rep. By its Prop. Shop No.4 of Mallidi

Lakshminarayana Reddy, Ravulapalem, Ravulapalem Mandal, E.G. Dist

40. Prabhu Mechanic works, rep. By its Prop. Shop No.5 of Mallidi

Lakshminarayana Reddy, Ravulapalem, Ravulapalem Mandal, E.G. Dist.

41. Ome Namassivaya Lorry Supply office, rep. By its Prop. Shop No.6 of

Mallidi Lakshminarayana Reddy, Ravulapalem, Ravulapalem Mandal,

E.G.Dist.

42. Bajaj Auto Spares, rep. By its Prop. Shop No.7 of Mallidi Lakshminarayana

Reddy, Ravulapalem, Ravulapalem Mandal, E.G.Dist.

43. Sri Vijaya Tailors, rep. By its Prop. Shop No.8 of Mallidi Lakshminarayana

Reddy, Ravulapalem, Ravulapalem Mandal, E.G.Dist.

44. Jattu Narayanamma, W/o late Chinnareddy, Aged about 54 years, 6th

ward, Ravulapalem, Ravulapalem Mandal, E.G.District.

45. Padala Mangayamma, W/o late Chinnareddy, Aged 55 years,

R/o D.No.8-11-08, Behind Victory Bazar, Ravulapalem,

Ravulapalem Mandal, E.G.District.

46. Velagala Vijayalakshmi, W/o Suryabhaskara Reddy, aged 38 years,

R/o D.No. 8-11-08, Behind Victory Bazar,

Ravulapalem,

Ravulapalem Mandal, E.G.District.

47. Karri Sridevi, W/o Srinivasa Reddi, Aged 35 years, Near Ambara Cheraka,

Ravulapalem, Ravulapalem Mandal, E.G.District.

48. Padala Venkata Chandrareddi, S/o late Chinnareddi, aged 32 years,

D.No.8-11-08, Behind Victory Bazar,

Ravulapalem, Ravulapalem Mandal, E.G.District.

...RESPONDENTS

Counsel for the Petitioner(s): E V V S RAVI KUMAR

Counsel for the Respondents: T V JAGGI REDDY

The Court made the following: ORDER

2023:APHC:11486

HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

****

CIVIL REVISION PETITION NO.422 OF 2015

Between:

1. Mallidi Sri Siva Prabhakara Reddy,

S/o.Dasaradharamireddy, Hindu, 22 years,

R/o.Ravulapalem, Ravulapalem Mandal, East

Godavari District.

2. Mallidi Sri Gowri, D/o. Dasaradharamireddy, Hindu,

20 years, R/o.Ravulapalem, Ravulapalem Mandal,

East Godavari District.

3. Mallidi Sri Naga Bhupathi Reddy,

S/o.Dasaradharamireddy, Hindu, 19 years,

R/o.Ravulapalem, Ravulapalem Mandal, East

Godavari District.

… Petitioners/Petitioners/Plaintiffs

 Versus

1. Mallidi Dasaradharami Reddy, S/o. Bullabbai Alias

Bhupathireddy, Hindu, 52 years, Cultivation,

R/o.D.No.2-164, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

2. Mallidi Lakshmi Narayana Reddi, S/o. Bullabbai

Alias Bhupathireddy, Hindu, 55 years, Cultivation,

R/o. D.No.2-164, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

3. Mallidi Kaniki Reddi, S/o. Bullabbai Alias

Bhupathireddy, Hindu, 58 years, Cultivation,

R/o.D.No.2-164, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

4. Padala Satyavani, W/o. Ramireddi, Hindu, 37 years,

Housewife, R/o. D.No.2-85, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

5. Padala Rami Reddy, S/o. Satyanarayana Reddi,

Hindu, 43 years, R/o. D.No.2-86, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

6. Guluguri Venkata Reddi, S/o. Venkata Reddi, Hindu,

49 years, R/o. D.No.6-149/7/1, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

7. Tetali China Reddi, S/o. Satyanarayana Reddi,

Hindu, 51 years, Cultivation, R/o. D.No.4-43,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

2023:APHC:11486

Page 2 of 19

8. Vegisena Pushpavathi, W/o. Ramaraju, Hindu, 43

years, Housewife, R/o. D.no.4-43, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

9. Goluguri Adilakshmi, W/o. Peda Veerreddi, Hindu,

49 years, Cultivation, R/o. D.No.2-86, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

10. Padala Chinnareddi (Died)

(Per Legal Representatives 43 to 46 added as per Orders

in I.A.No.111 of 2009, dated 07.02.2011)

11. Sathi Markandeyareddi, S/o. Veerreddi, Hindu, 45

years, Cultivation, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

12. Goluguri Venkata Satyanarayanareddi,

S/o.Venkatareddi, 42 years, Cultivation,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

13. Goluguri Vijayalakshmi, W/o.Venkata

Satyanarayanareddi, Hindu, 37 years,

R/o.Ravulapalem, Ravulapalem Mandal, East

Godavari District.

14. Dr. S.Gopal, Skin Sex Specialist M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

15. K.Vishnu, S/o. Not Known, 44 years, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

16. Karri Vijayabhaskareddi, S/o. Kallikharjuna Raom,

Hindu, 46 years, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

17. Kovvuri Sanjeevareddi, S/o. Satyanarayanareddi,

Hindu, 46 years, R/o. M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

18. Karri Vijaya Bhaskarareddi, S/o. Satyanarayana

Reddi, Proprietor of Tea Shop, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

19. Sri Ramireddi, S/o. Not Known, Proprietor: Pan Shop

No.5, M.K.Reddi Complex, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

20. Sri Brahman, S/o. Not Known, 47 years, Hindu,

Tailoring Machine Repairing Works, Shop No.27,

M.K.Reddi Complex, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

2023:APHC:11486

Page 3 of 19

21. Kalyani Sigars, represented by its Proprietor of

L.M.V.Reddi, S/o.Ramakrishnareddi, Shop No.8,

M.K.Reddi Complex, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

22. Foundry Shop, represented by its Proprietor Sappa

Rama Mohanarao, Shop No.9, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

23. G.Munireddi, S/o. Veerreddi, 57 years, Shop No.10,

M.K.Reddi Complex, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

24. Ch.Somasundara Reddi, S/o. Jogireddi, 70 years,

Congress Karyalayam, Shop No.11, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

25. A.Srinivasareddy, S/o.Seethareddi, Hindu, 44 years,

Chit Fund Business, Shop No.12, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

26. Karri Satyanarayanareddi, S/o. Ammireddi, Hindu,

54 years, Ome Namassivaya Lorry Transport

Business, Shop No.13, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

27. Mallidi Satyanarayana Reddi, S/o. Veerreddi, 46

years, Prasanthi Coffee Hotel Business, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

28. Tamalampudi Ganesh Reddy, S/o. Not Known, 47

years, Auto Mobile Business, Shop no.15, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

29. Ramana, S/o. Not Known, 69 years, Sridevi Oil

Business, Shop No.17, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

30. Tetali Gopalareddi, S/o. Not Known, 69 years,

Sridevi Oil Business, Shop No.17, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

31. Quality Ice Creams, represented by its Proprietor,

Shop No.18, M.K.Reddi Complex, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

2023:APHC:11486

Page 4 of 19

32. State Bank of Hyderabad, represented by its Branch

Manager, Shop No.19, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

33. Satyanarayana, S/o. Not Known, Nagasai Lodge,

Shop No.20, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

34. Sri Sitharama Lorry Transport, represented by its

Proprietor, Shop No.1 of Mallidi

Lakshminarayanareddi, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

35. Sri Vijayalakshmi Electrical Rewinding Works,

represented by its Proprietor, Shop No.2 of Mallidi

Lakshminarayana Reddy, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

36. Sri Vijayalakshmi Battery Works, represented by its

Proprietor, Shop No.3 of Mallidi Lakshminarayana

Reddy, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

37. Sri Rajeswari Mill Stores, represented by its

Proprietor, Shop No.4 of Mallidi Lakshminarayana

Reddy, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

38. Prabhu Mechanic Works, represented by its

Proprietor, Shop No.5 of Mallidi Lakshminaraya

Reddy, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

39. Ome Namassivaya Lorry Supply Office, represented

by its Proprietor, Shop No.6 of Mallidi

Lakshminarayana Reddy, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

40. Bajaj Auto Spares, represented by its Proprietor,

Shop No.7 of Mallidi Lakshminarayana Reddy,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

41. Sri Vijaya Tailors, represented by its Proprietor, Shop

No.8 of Mallidi Lakshminarayana Reddy,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

42. Jattu Narayanamma, W/o. Suryanarayana, 54 years,

6th ward, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

43. Padala Mangayamma, W/o. Late Chinnareddy, 55

years, R/o. D.No.8-11-08, Behind Victory Bazar,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

2023:APHC:11486

Page 5 of 19

44. Velagala Vijayalakshmi, W/o. Suryabhaskara Reddy,

38 years, R/o. D.No.8-11-08, Behind Victory Bazar,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

45. Karri Sridevi, W/o. Srinivasa Reddi, 35 years, near

Ambara Cheraka, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

46. Padala Venkata Chandrareddi, S/o. Chinnareddi, 32

years, D.No.8-11-08, Behind Victory Bazar,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

... Respondents/Respondents/Defendants

* * * * *

DATE OF ORDER PRONOUNCED : 17.03.2023.

SUBMITTED FOR APPROVAL:

 HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

1. Whether Reporters of Local Newspapers

 may be allowed to see the Order? Yes/No

2. Whether the copy of Order may be

 marked to Law Reporters/Journals? Yes/No

3. Whether His Lordship wish to see the

 fair copy of the Order? Yes/No

_____________________________

 B.V.L.N.CHAKRAVARTHI, J

2023:APHC:11486

Page 6 of 19

* HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

+ CIVIL REVISION PETITION NO.422 of 2015

% 17.03.2023

# Between:

1. Mallidi Sri Siva Prabhakara Reddy,

S/o.Dasaradharamireddy, Hindu, 22 years,

R/o.Ravulapalem, Ravulapalem Mandal, East

Godavari District.

2. Mallidi Sri Gowri, D/o. Dasaradharamireddy, Hindu,

20 years, R/o.Ravulapalem, Ravulapalem Mandal,

East Godavari District.

3. Mallidi Sri Naga Bhupathi Reddy,

S/o.Dasaradharamireddy, Hindu, 19 years,

R/o.Ravulapalem, Ravulapalem Mandal, East

Godavari District.

… Petitioners/Petitioners/Plaintiffs

 Versus

1. Mallidi Dasaradharami Reddy, S/o. Bullabbai Alias

Bhupathireddy, Hindu, 52 years, Cultivation,

R/o.D.No.2-164, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

2. Mallidi Lakshmi Narayana Reddi, S/o. Bullabbai

Alias Bhupathireddy, Hindu, 55 years, Cultivation,

R/o. D.No.2-164, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

3. Mallidi Kaniki Reddi, S/o. Bullabbai Alias

Bhupathireddy, Hindu, 58 years, Cultivation,

R/o.D.No.2-164, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

4. Padala Satyavani, W/o. Ramireddi, Hindu, 37 years,

Housewife, R/o. D.No.2-85, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

5. Padala Rami Reddy, S/o. Satyanarayana Reddi,

Hindu, 43 years, R/o. D.No.2-86, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

6. Guluguri Venkata Reddi, S/o. Venkata Reddi, Hindu,

49 years, R/o. D.No.6-149/7/1, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

7. Tetali China Reddi, S/o. Satyanarayana Reddi,

Hindu, 51 years, Cultivation, R/o. D.No.4-43,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

2023:APHC:11486

Page 7 of 19

8. Vegisena Pushpavathi, W/o. Ramaraju, Hindu, 43

years, Housewife, R/o. D.no.4-43, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

9. Goluguri Adilakshmi, W/o. Peda Veerreddi, Hindu,

49 years, Cultivation, R/o. D.No.2-86, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

10. Padala Chinnareddi (Died)

(Per Legal Representatives 43 to 46 added as per Orders

in I.A.No.111 of 2009, dated 07.02.2011)

11. Sathi Markandeyareddi, S/o. Veerreddi, Hindu, 45

years, Cultivation, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

12. Goluguri Venkata Satyanarayanareddi,

S/o.Venkatareddi, 42 years, Cultivation,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

13. Goluguri Vijayalakshmi, W/o. Venkata

Satyanarayanareddi, Hindu, 37 years, R/o.

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

14. Dr. S.Gopal, Skin Sex Specialist M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

15. K.Vishnu, S/o. Not Known, 44 years, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

16. Karri Vijayabhaskareddi, S/o. Kallikharjuna Raom,

Hindu, 46 years, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

17. Kovvuri Sanjeevareddi, S/o. Satyanarayanareddi,

Hindu, 46 years, R/o. M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

18. Karri Vijaya Bhaskarareddi, S/o. Satyanarayana

Reddi, Proprietor of Tea Shop, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

19. Sri Ramireddi, S/o. Not Known, Proprietor: Pan Shop

No.5, M.K.Reddi Complex, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

20. Sri Brahman, S/o. Not Known, 47 years, Hindu,

Tailoring Machine Repairing Works, Shop No.27,

2023:APHC:11486

Page 8 of 19

M.K.Reddi Complex, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

21. Kalyani Sigars, represented by its Proprietor of

L.M.V.Reddi, S/o.Ramakrishnareddi, Shop No.8,

M.K.Reddi Complex, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

22. Foundry Shop, represented by its Proprietor Sappa

Rama Mohanarao, Shop No.9, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

23. G.Munireddi, S/o. Veerreddi, 57 years, Shop No.10,

M.K.Reddi Complex, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

24. Ch.Somasundara Reddi, S/o. Jogireddi, 70 years,

Congress Karyalayam, Shop No.11, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

25. A.Srinivasareddy, S/o.Seethareddi, Hindu, 44 years,

Chit Fund Business, Shop No.12, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

26. Karri Satyanarayanareddi, S/o. Ammireddi, Hindu,

54 years, Ome Namassivaya Lorry Transport

Business, Shop No.13, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

27. Mallidi Satyanarayana Reddi, S/o. Veerreddi, 46

years, Prasanthi Coffee Hotel Business, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

28. Tamalampudi Ganesh Reddy, S/o. Not Known, 47

years, Auto Mobile Business, Shop no.15, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

29. Ramana, S/o. Not Known, 69 years, Sridevi Oil

Business, Shop No.17, M.K.Reddi Complex,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

30. Tetali Gopalareddi, S/o. Not Known, 69 years,

Sridevi Oil Business, Shop No.17, M.K.Reddi

Complex, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

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31. Quality Ice Creams, represented by its Proprietor,

Shop No.18, M.K.Reddi Complex, Ravulapalem,

Ravulapalem Mandal, East Godavari District.

32. State Bank of Hyderabad, represented by its Branch

Manager, Shop No.19, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

33. Satyanarayana, S/o. Not Known, Nagasai Lodge,

Shop No.20, Ravulapalem, Ravulapalem Mandal,

East Godavari District.

34. Sri Sitharama Lorry Transport, represented by its

Proprietor, Shop No.1 of Mallidi

Lakshminarayanareddi, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

35. Sri Vijayalakshmi Electrical Rewinding Works,

represented by its Proprietor, Shop No.2 of Mallidi

Lakshminarayana Reddy, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

36. Sri Vijayalakshmi Battery Works, represented by its

Proprietor, Shop No.3 of Mallidi Lakshminarayana

Reddy, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

37. Sri Rajeswari Mill Stores, represented by its

Proprietor, Shop No.4 of Mallidi Lakshminarayana

Reddy, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

38. Prabhu Mechanic Works, represented by its

Proprietor, Shop No.5 of Mallidi Lakshminaraya

Reddy, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

39. Ome Namassivaya Lorry Supply Office, represented

by its Proprietor, Shop No.6 of Mallidi

Lakshminarayana Reddy, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

40. Bajaj Auto Spares, represented by its Proprietor,

Shop No.7 of Mallidi Lakshminarayana Reddy,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

41. Sri Vijaya Tailors, represented by its Proprietor, Shop

No.8 of Mallidi Lakshminarayana Reddy,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

42. Jattu Narayanamma, W/o. Suryanarayana, 54 years,

6th ward, Ravulapalem, Ravulapalem Mandal, East

Godavari District.

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43. Padala Mangayamma, W/o. Late Chinnareddy, 55

years, R/o. D.No.8-11-08, Behind Victory Bazar,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

44. Velagala Vijayalakshmi, W/o. Suryabhaskara Reddy,

38 years, R/o. D.No.8-11-08, Behind Victory Bazar,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

45. Karri Sridevi, W/o. Srinivasa Reddi, 35 years, near

Ambara Cheraka, Ravulapalem, Ravulapalem

Mandal, East Godavari District.

46. Padala Venkata Chandrareddi, S/o. Chinnareddi, 32

years, D.No.8-11-08, Behind Victory Bazar,

Ravulapalem, Ravulapalem Mandal, East Godavari

District.

... Respondents/Respondents/Defendants

! Counsel for the Revision-petitioners/

 petitioners/plaintiffs : Sri E.V.V.S.Ravi Kumar

^ Counsel for the

 Respondent Nos.6 to 9, : Sri T.V.Jaggi Reddy

12 and 13

^ Counsel for the

 Respondent No.10 : Respondent No.10 ‘Died’

^ Counsel for the

 Respondent No.45 : Sri K.Narsi Reddy

^ Counsel for the

 Respondent Nos.11, 14 : Notice sent, not yet returned

 to 44 & 46 (Proof of service not filed)

< Gist:

> Head Note:

? Cases referred:

1. 2009 (9) SCC 689.

2. 1967 AIR (SC) 1470.

This Court made the following:

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HONOUBRALE SRI JUSTICE B.V.L.N.CHAKRAVARTI

CIVIL REVISION PETITION NO.422 OF 2015

O R D E R:

This Civil Revision Petition is directed under Article 227 of

the Constitution of India against the Order, dated 04.02.2008 in

I.A.No.838 of 2007 in O.S.No.68 of 1999 on the file of the II

Additional District Judge, Amalapuram, East Godavari District,

where under the interlocutory application filed under Order XX

Rule 18 of the Code of Civil Procedure, 1908 (for brevity ‘CPC’)

by the revision-petitioners/plaintiffs, for passing of final decree

in terms of preliminary decree, was ‘Allowed’ holding at para

Nos.13 and 14 which are extracted hereunder:

“13. In view of the above discussion, I hold that the total extent

remaining in item Nos.1 and 2 of plaint A schedule must be

taken to have been allotted to the plaintiffs towards a part

of their 1/4th share and on the request of the plaintiffs, the

commissioner may divide that available extent in items 1

and 2 of plaint A schedule into 3 parts for allotment to each

of the plaintiffs 1 to 3 only. The Commissioner will divide

the items of plaint B schedule into 4 equal shares by metes

and bounds and may show the value of each of the items

according to nature and potentiality of the property. The

allotment may be taken up by the Court taking into

consideration of the values of the items. So as order can be

passed as stated above.”

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“14. In the result, this petition is ordered directing physical

division of the extent available out of items 1 and 2 of plaint

A schedule i.e., 360 square yards in item No.1 of plaint A

schedule and 1113.2 square yards of site in item No.2 of

plaint A schedule into 3 equal parts and for furnishing

market value each of such part either plot wise or rate wise.

Each of the items 1 to 8 in plaint B schedule are directed to

be divided into 4 equal parts by metes and bounds with

their value either item wise or rate wise. The Commissioner

to be appointed shall effect division by metes and bounds

as stated above and the Commissioner will file a detailed

report with detailed measurements including G-line and

offsets wherever required and would file plan with

surrounding locations to exactly localize the item. The

Commissioner will give the market value of each of the item

of the plaint schedule or the market rate of each of the item

of plaint schedule. The Commissioner shall not allot the

plots to the parties as it would be taken up by the Court.

The working out equities will be decided at the final hearing

of this petition.”

2. Aggrieved by the impugned Order passed by the Trial

Judge, the revision-petitioners/plaintiffs preferred the revision

contending that instead of directing the Commissioner for

division of property in terms of preliminary decree, the Trial

Court made modifications to the terms of the preliminary decree

and directed to divide the property as per the extent available on

record.

3. In the light of above contentions, the point for

consideration is as under:

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“Whether the Trial Court committed any

irregularity in the Order, dated 04.02.2008 passed

in I.A.No.838 of 2007 in O.S.No.68 of 1999?”

4. P O I N T: -

There is no dispute with regard to filing of suit by the

revision-petitioners against the respondents for partition of

(a) item No.1 of plaint ‘A’ schedule property into three (03) equal

shares; (b) item No.2 of plaint A schedule and B schedule

property into four (04) equal shares by metes and bounds and

to allot three shares to the revision-petitioners. Besides that the

revision-petitioners also sought the relief to declare that the

alienations made by D.1 and D.2 in respect of portion of plaint

A schedule property as illegal, unenforceable and not binding on

the plaintiffs; to direct D.2 and D.3 to render true and correct

accounts of the income derived on M.K.Reddy Complex

constructed by D.3 and another complex constructed by D.2; to

direct D.1 to render true and correct accounts in respect of the

income derived by him out of item No.2 of plaint A and B

schedule properties; to direct D.14 to D.42 the tenants to

deposit the rents into the Court till the properties are

partitioned by metes and bounds and deliver possession to the

plaintiffs.

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5. The Trial Court after full-fledged trial, passed preliminary

decree, directed division of Ac.0.29 cents out of Item No. 1 of

Plaint A Schedule and Item No. 2 of Plaint A Schedule and

entire extent of Plaint B Schedule into 4 equal shares and to

allot one share to the plaintiffs.

6. Consequent to passing of preliminary decree, the plaintiffs

filed the impugned petition under Order XX Rule 18 of CPC for

passing final decree as per terms of the preliminary decree,

wherein the Trial Court in its Order, dated 04.02.2008 at para

No.9 went beyond the terms of preliminary decree, which is

extracted hereunder:

“that while dividing the property D.6 to D.10 be and hereby are

entitled for equity and the property purchased by them shall be

allotted to D.1 and through D.1 the property purchased by D.6 to

D.10 shall be allotted to them.”

Further, at para No.10, it was held as under:

“According to 10th defendant he purchased an extent of Ac.0.50

cents in item No.2 of plaint „A‟ schedule. The total extent of item

No.2 of plaint „A‟ schedule is Ac.0.73 cents. Then, the extent

remaining in item No.2 of plaint B schedule is Ac.0.23 cents. Since

the share of the 1st defendant in item No.2 of plaint „A‟ schedule is

only Ac.0.18 ½ cents and since he sold away more than that extent

in item No.2 of plaint „A‟ schedule, the question of 1st defendant

getting further share in that item does not arise. Therefore, I hold

that the extent remaining in item Nos.1 and 2 of plaint „A‟ schedule

after sale in favour of defendants 4 and 5 and 10th defendant has

to be totally allotted to the plaintiffs.”

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7. Once the rights/shares had been determined by a

preliminary decree, the division of shares must be done under

Order XX Rule 18 of CPC in a final decree petition, which is a

ministerial or administrative act requiring the physical

inspection, measurements, calculations and considering various

permutations/combinations/alternatives of division.

8. The Hon’ble Supreme Court in Shub Karan Bubna @

Shub Karan v. Sita Saran Bubna1, on partition suits, held at

para Nos.4 and 5, as under:

“[4] 'Partition' is a re-distribution or adjustment of pre-existing rights,

among co- owners/coparceners, resulting in a division of lands or other

properties jointly held by them, into different lots or portions and

delivery thereof to the respective allottees. The effect of such division is

that the joint ownership is terminated and the respective shares vest in

them in severalty. A partition of a property can be only among those

having a share or interest in it. A person who does not have a share in

such property cannot obviously be a party to a partition. 'Separation of

share' is a species of 'partition'. When all co-owners get separated, it is

a partition. Separation of share/s refers to a division where only one or

only a few among several co-owners/coparceners get separated, and

others continue to be joint or continue to hold the remaining property

jointly without division by metes and bounds. For example, where four

brothers owning a property divide it among themselves by metes and

bounds, it is a partition. But if only one brother wants to get his share

separated and other three brothers continue to remain joint, there is

only a separation of the share of one brother. In a suit for partition or

separation of a share, the prayer is not only for declaration of plaintiff's

share in the suit properties, but also division of his share by metes and

1 2009 (9) SCC 689.

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bounds. This involves three issues: (i) whether the person seeking

division has a share or interest in the suit property/properties; (ii)

whether he is entitled to the relief of division and separate possession;

and (iii) how and in what manner, the property/properties should be

divided by metes and bounds?

[5] In a suit is for partition or separation of a share, the court at the first

stage decides whether the plaintiff has a share in the suit property and

whether he is entitled to division and separate possession. The

decision on these two issues is exercise of a judicial function and

results in first stage decision termed as 'decree' under Order 20 Rule

18(1) and termed as 'preliminary decree' under Order 20 Rule 18(2) of

the Code. The consequential division by metes and bounds, considered

to be a ministerial or administrative act requiring the physical

inspection, measurements, calculations and considering various

permutations/ combinations/alternatives of division is referred to the

Collector under Rule 18(1) and is the subject matter of the final decree

under Rule 18(2). The question is whether the provisions of Limitation

Act are inapplicable to an application for drawing up a final decree.”

9. The Trial Court surprisingly went beyond the terms of

preliminary decree and made certain modifications/alterations

in the terms of the preliminary decree referred supra, in the

impugned order passed in the final decree petition.

10. If any modifications are required in the terms of the

existing preliminary decree, on account of any subsequent

changes in circumstances, when deemed fit for reasons such as

the death of concerning parties, sale or loss of concerned

properties and the like, the parties to the proceedings may

approach the concerned Court for a second preliminary decree

adjusted to befit the circumstantial changes herein mentioned.

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The Hon’ble Supreme Court in Poolchand v. Gopal Lal2 stated

at para No.7 as below:

“[7] We are of opinion that there is nothing in the Code of Civil

Procedure which prohibits the passing of more than one preliminary

decree if circumstances justify the same and that it may be necessary

to do so particularly in partition suits when after the preliminary decree

some parties die and shares of other parties are thereby augmented.

We have already said that it is not disputed that in partition suits the

court can do so even after the preliminary decree is passed. It would in

our opinion be convenient to the court and advantageous to the parties,

specially in partition suits, to have disputed rights finally settled and

specification of shares in the preliminary decree varied before a final

decree is prepared. If this is done, there is a clear determination of the

rights of parties to the suit on the question in dispute and we see no

difficulty in holding that in such cases there is a decree deciding these

disputed rights ; if so, there is no reason why a second preliminary

decree correcting the shares in a partition suit cannot be passed by the

court. So far therefore as partition suits are concerned we have no

doubt that if an event transpires after the preliminary decree which

necessitates a change in shares, the court can and should do so; and if

there is a dispute in that behalf, the order of the court deciding that

dispute and making variation in shares specified in the preliminary

decree already passed is a decree in itself which would be liable to

appeal. We should however like to point out that what we are saying

must be confined to partition suits, for we are not concerned in the

present appeal with other kinds of suits in which also preliminary and

final decrees are passed. There is no prohibition in the Code of Civil

Procedure against passing a second preliminary decree in such

circumstances and we do not see why we should rule out a second

preliminary decree in such circumstances only on the ground that the

Code of Civil Procedure does not contemplate such a possibility. In any

case if two views are possible - and obviously this is so because the

High Courts have differed on the question - we would prefer the view

2 1967 AIR (SC) 1470.

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taken by the High Courts which hold that a second preliminary decree

can be passed, particularly in partition suits where parties have died

after the preliminary decree and shares specified in the preliminary

decree have to be adjusted. We see no reason why in such a case if

there is dispute, it should not be decided by the Court which passed

the preliminary decree, for it must not be forgotten that the suit is not

over to the final decree is passed and the Court has jurisdiction to

decide all disputes that may arise after the preliminary decree,

particularly in a partition suit due to deaths of some of the parties.

Whether there can be more than one final decree does not arise in the

present appeal and on that we express no opinion. We therefore hold

that in the circumstances of this case it was open to the Court to draw

np a fresh preliminary decree as two of the parties had died after the

preliminary decree and before the final decree was passed. Further as

there was dispute between the surviving parties as to devolution of the

shares of the parties who were dead and that dispute was decided by

the trial Court in the present case and thereafter the preliminary decree

already passed was amended, the decision amounted to a decree and

was liable to appeal. We therefore agree with the view taken by the

High Court that in such circumstances a second preliminary decree can

be passed in partition suits by which the shares allotted in the

preliminary decree already passed can he amended and if there is

dispute between surviving parties in that behalf and that dispute is

decided the decision amounts to a decree. We should however like to

make it clear that this can only be done so long as the final decree has

not been passed. We therefore reject this contention of the appellant.”

11. On perusal of impugned order passed by the Trial Court,

this Court is of the opinion that the trial court committed a

material irregularity and acted in excess of the Jurisdiction

vested in it, without any request to pass another preliminary

decree. Hence, it is a fit case to remand the matter for fresh

adjudication of final decree petition in terms of preliminary

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decree. Therefore, the CRP is allowed. Consequently, the

impugned order dated 04.02.2008 is set-aside.

12. In the result, the Civil Revision Petition is ‘Allowed’.

Consequently, the impugned order, dated 04.02.2008 is setaside, remanding the Final Decree Petition filed under Order XX

Rule 18 of CPC, for fresh disposal in accordance with law. There

shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any,

shall stand closed.

B.V.L.N.CHAKRAVARTHI, J

Date: 17.03.2023.

DNB

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