SYED ALLABAKSH Vs. ZAINAB BI

JUDGEMENT

(1.) JUDGMENT :Defendants 1, 3, 4 and 5 in O.S. No.71/88 on the file of the Principal Subordinate Judge, Kurnool are the appellants. Respondents 1 to 3 in this Appeal are the plaintiffs in the said suit and 4th respondent is the 2nd defendant in the said suit. The aforesaid suit was instituted by the plaintiffs praying for the relief of partition and separate possession of their respective shares in the plaint schedule properties and also for past and future profits.

(2.) For the purpose of convenience, the parties will be referred to as "plaintiffs" and "defendants".

(3.) The learned Principal Subordinate Judge. Kurnool on the strength of the respective pleadings of the parties and after settling the relevant Issues, had recorded the evidence of PW-1 to PW-5 and DW-1 to DW-3 and marked Exs.A-1 to A-4 and Exs.B-1 to B-19 and had ultimately dismissed the suit and aggrieved by the said judgment and decree made in O.S.No.71/88 on the file of Principal Subordinate Judge, Kurnool, the plaintiffs had preferred A.S.No.43/90 on the file of I Additional District Judge, Kurnool and the learned Judge on appreciation of the respective contentions of the parties after framing the necessary Points for consideration had arrived at the conclusion that the plaintiffs are bound to succeed so far as their shares in Items 1 and 6 of the plaint schedule properties are concerned and had confirmed the judgment of the Court of first instance in other respects. As already stated supra, the defendants 1, 3 to 5 aggrieved by the said judgment and decree had preferred the present Second Appeal impleading the 2nd defendant as 5th respondent in the Appeal apart from the plaintiffs in the suit.