RAYADURGAM SUBRAMANYAM Vs. RAYADURGAM GANGAIAH

JUDGEMENT

(1.) The plaintiffs are the appellants. The suit was laid for partition of the plaint schedule properties into four equal shares and to allot one such share to the plaintiffs 1 and 2, another such share to the plaintiffs 3 and 4 each, dividing by metes and bounds, taking into consideration good and bad qualities of the land and put them in separate possession of their respective shares as well as for costs.

(2.) During pendency of the suit, the first plaintiff died and the second plaintiff, being his L.R., then on record, continued with no other L.R., brought on record. The 1st defendant also died during pendency of the suit and his L.Rs, being the defendants 2 to 4 and the defendants 8 to 10, were brought on record during the suit proceedings. During pendency of this appeal, the 2nd plaintiff died and his L.Rs., being the appellants 5 to 7 were brought on record. Similarly, the 4th plaintiff died during pendency of this appeal and his L.Rs., being the appellants 8 and 9, were brought on record. The Second defendant died, whose L.Rs. were brought on record being the respondents 12 to 16. The 3rd defendant also died and his L.R., being the respondent No. 11 was brought on record.

(3.) The appeal against the defendants 7 and 8 was dismissed for default by an order of this Court dated 30.03.2001. It was not restored.