SIRAGAM NARAYANA REDDY Vs. SIRAGAM PEDDA GANGAPPA

JUDGEMENT

(1.) O.S.No.29 of 1979 was laid on the file of the Senior Civil Judge, Anantapur. The suit was transferred to the Court of the Senior Civil Judge, Penukonda and was renumbered as O.S.No.209 of 1980. In 1984, the suit was made over to the Court of the Senior Civil Judge, Kadiri and renumbered as O.S.No.19 of 1984. It is this O.S.No.19 of 1984, which was disposed of by the learned Senior Civil Judge, Kadiri, the judgment and the decree of which are assailed in this appeal.

(2.) Seven plaintiffs laid the suit. There were 16 defendants before the trial Court. After filing of the appeal, the first plaintiff died. His legal representative was brought on record as appellant No.8. Defendants 4, 5, 7 and 15 are also no more. Their legal representatives are respondents 17 to 23, respondents 30 to 33, respondents 34 to 37 and respondents 24 to 29 respectively. Respondents 25 and 27 subsequently died. The legal representatives of respondent No.25 are respondents 38 to 42. The legal representatives of respondent No.27 are respondents 43 to 45. However, for the purposes of the brevity and clarity, I refer to the parties as they are arrayed in the suit. The deaths of parties and their legal representativeships are not relevant for the purpose of disposal of this appeal, since the appeal arises more or less from a preliminary decree and not from a final decree.

(3.) The plaintiffs in O.S.No.19 of 1984 on the file of the Senior Civil Judge, Kadiri, Anantapur District preferred the present appeal, assailing the judgment dated 17.03.1987. The plaintiffs sought for partition of the plaint schedule properties and for allotment of half of the plaint schedule properties in favour of the plaintiffs and defendant No.16. Holding that the suit is barred by limitation, that the suit is hit by Order II Rule 2 of the Civil Procedure Code (CPC, for short) and also considering that the judgment in O.S.No.178 of 1945 on the file of the District Munsif's Court, Penukonda operates as an admission and as res judicata, the suit was dismissed without costs. Aggrieved by the same, the plaintiffs preferred the present appeal.