JAI NARAYAN MISRA DIED Vs. HASHMATHUNNISA BEGUM DIED

JUDGEMENT

(1.) S.A.No. 1048 of 2001 was filed by the defendants in O.S.No. 1061 of 1998 (sic. 1990) on the file of the VII Senior Civil Judge City Civil Court, Hyderabad. The suit filed by the plaintiffs was decreed by the trial Court. The defendants being aggrieved by the said judgment and decree of the trial Court preferred A.S.No. 52 of 1999 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad. When the first appellate Court dismissed the appeal the defendants preferred this appeal challenging its validity and legality.

(2.) S.A.NO. 1050 of 2001 is filed by the defendants in O.S.No. 1061 of 1990 against the findings of the first appellate Court in the cross-objections filed by the plaintiffs in A.S-No. 52 of 1999. Since both the appeals arise out of the same suit, they are disposed of through this common judgment.

(3.) The first plaintiff filed O.S.No. 1061 of 1990 for dissolution of partnership firm known as M/s. Anand Cinema, to direct the defendants to render accounts, to direct delivery of the entire cinema hall with the structures to the plaintiff and costs. During the pendency of the suit the 1st plaintiff died and her legal representatives were brought on record as plaintiffs 3 and 4. The second plaintiff is the G.P.A. holder of the first plaintiff. The suit was filed against the sole defendant and during the pendency of the first appeal the defendant died and his legal representatives were brought on record as respondents 2 to 6.