IDAM SWARAJYA LAXMI Vs. IDAM VANI

JUDGEMENT

(1.) These two appeals can be dispose of together as the subject matter in both the appeals is one and the same. The appellant in A.S.No.875 of 1999 has preferred the appeal challenging the judgment and decree dated 8.1.1997 in O.S.No.88 of 1992 on the file of Subordinate Judge, Nalgonda. On the other hand, the appellants in A.S.No.385 of 1997 have preferred the appeal challenging the judgment and decree dated 8.1.1997 in O.S.No.20 of 1990 on the, file of Subordinate Judge, Nalgonda. The appellants in A.S.No.385 of 1997 are the defendants 1 and 12 in the O.S.No.20 of 1990 filed by the respondents 1, 2 and 3 herein against the appellants along with the respondents 4 to 13 for partition of plaint A and B schedule properties.

(2.) The first appellant in A.S.No.385 of 1997 is defendant No. 1 in O.S.No.20 of 1990 on the file of the Subordinate Judge, Nalgonda. The first appellant in A.S.No.385 of 1997 is the only appellant in A.S.No.875 of 1999 and filed the suit in O.S.No.88 of 1992 on the file of the Subordinate Judge, Nalgonda against Pullenla Venkata Narayana who is the mediator for the settlement and partition of the land and properties to whom a sum of Rs.2,25,000/- (Rupees two lakhs and twenty five thousand only) said to have been given as security. The suit in O.S.No.20 of 1990 filed for the partition and separate possession of the plaint A and 'B schedule properties was decreed partly. The suit filed on behalf of the first plaintiff was dismissed without costs and the suit filed by the plaintiffs 2 and 3 is decreed entitling them for partition and separate possession along with the defendants in respect of A and 'B' schedule properties by its judgment dated 08.01.1997. The suit filed by the plaintiff in O.S.No.88 of 1992 was dismissed with costs.

(3.) Aggrieved by the said two judgments and decrees in O.S.No.20 of 1990 and O.S.No.88 of 1992 on the file of Subordinate Judge, Nalgonda. These two first appeals are filed by I. Swarajya Lakshmi and the adopted daughter I. Usha Sridevi. The first appeal A.S.N0.385 of 1997 is filed against the decree and judgment dated 8/1/1997 passed in the suit O.S.No.20 of 1990 for partition of the plaint 'A and B' schedule properties.