DEVABHAKTUNI KESAVANARAYANA Vs. CHALLA LAKSHMAVADHANI

JUDGEMENT

(1.) The defendants 3, 6, 7 and 23 are the appellants in this appeal which is directed against the judgment and decree in O. S. No. 32/57 on the file of the Court of the Subordinate Judge, Vijayawada. The suit was originally filed in forma pauperis as O. P. No. 61/55 but later on the plaintiff paid the court-fee. Initially the mother of the plaintiffs represented them as their next friend but later the maternal uncle of the plaintiffs came on records as their next friend in the place of the plaintiffs mother. They have since become majors. The suit was filed for partition of the plaint schedule properties into three equal shares and for division by metes and bounds and for allotment of two such shares to the plaintiffs free from the claims of the defendants and for a permanent injunction against defendants 2 to 5 restraining them from executing their decrees against the shares of the plaintiffs.

(2.) The court below passed a preliminary decree for partition of the plaint schedule properties into three equal shares and for separate possession of two shares to the plaintiffs free from the claims of the defendants 2 to 23 against the two shares allotted to the plaintiffs. It also restrained defendants 3 to 5 and 7 and the respective legal representatives of defendants 8, 10, 12, (viz., D-11, D-13 to D-22 and D-23) by way of permanent injunction from executing their decrees against the plaintiffs shares and further declared that the mortgage bond dated 30-4-1951 marked as Ex. B-3 was not binding on the plaintiffs 2/3rd share and granted other reliefs with which we are not concerned.

(3.) The two plaintiffs are the sons of the 1st defendant. The 1st defendant was originally employed in the Imperial Bank till 1945 and later he resigned his job and set up a business by name "The United Engineering Company" which he continued till 1955. Thereafter the 1st defendants whereabouts were not known for a considerable time.