NAGIREDDI LAKSHMI Vs. NAGIREDDI NAGARAJU

JUDGEMENT

(1.) The appellants are the legal representatives of plaintiff who filed the suit on O.S. No.41/88 on the file of Subordinate Judge, Chodavaram. The Respondents 1 and 2 herein are the defendants in the said suit. The plaintiff Nagireddy Govinda @ Govinda Rao filed the said suit for partition of Plaint A, B and C schedule properties into four equal shares by metes and bounds and to allot three such shares to the plaintiff and for possession of the same after evicting the defendants, and their men there from and for future profits. The suit was decreed preliminarily on 25.9.1991 by the Trial Court for partition of Plaint 'A', 'B' and 'C' schedule properties except Items 1 and 3 of Lot I of Plaint 'A' schedule, into two equal shares and for allotment of one such share to the plaintiff and for possession of the same to the plaintiff after evicting the defendants and their men. The future profits shall be determined on a separate application to be filed by the plaintiff.

(2.) Against the judgment of the Trial Court, Defendants 1 and 2 filed appeal in A.S. No.8/1992 on the file of District Judge, Visakhapatnam. The learned District Judge by its judgment and decree dated 26.8.1997 allowed the appeal and the decree and the judgment passed by the Trial Court was set aside. Aggrieved by the said judgment and decree of the lower Appellate Court, the plaintiff filed this second appeal. During the pendency of A.S.No.8/92, the sole plaintiff, i.e., the Respondent No.1 therein died. The Respondents 2 and 3 therein were brought on record as legal representatives of the deceased first respondent. Thereafter, the third respondent died and her legal representatives were brought on record as Respondents 4 to 9. Thus, the legal representatives of the sole plaintiff filed this second appeal.

(3.) For the sake of convenience the parties herein are referred to as they are arrayed in the original suit.