(1.) THE 1st defendant -Kakarla Rosenna among 3 plaintiffs including Narayanamma and Ch.Narayana filed this appeal against the four plaintiffs T.Narasappa, Ch.Narayana Swamy, Ch.Narasimhulu and Ch.Rajendra, aggrieved by the Judgment and decree dated 23.01.1995 in O.S. No.102 of 1985 on the file of Principal Subordinate Judge, Anantapur. C.R.P.No.998 of 2002
(2.) PENDING appeal the appellant -1st defendant of the suit Rosanna died and his L.Rs brought on record as appellants 2 to 4 by name Rangayya, Ananda Kumar and Vijaya Lakshmi as per orders in A.S.M.P. No.153, dated 18.06.2012 and the plaintiff T.Narsappa who was 1st respondent to the appeal also died and his L.Rs brought on record as respondents 7 to 11 by name Narsappa, Ranganna, Jayanarasimhulu @ Jayanna, Pullamma and Narayanamma as per orders in C.M.P.No.22508 of 1998 dated 18.08.1999. Said persons also brought on record during pendency of the final decree petition in I.A. No.467 of 1998 (impugned in the revision) i.e., the 1st plaintiff T.Narsappa's L.Rs as petitioners 5 to 7 viz., Narayana, Rangappa and Jayanarasimhulu vide orders in I.A. No.273 of 2000 dated 28.08.2000 and also C.Narasimhulu and Pullamma as respondents 4 and 5 vide orders in I.A. No.72 of 1999 dated 08.03.1999. Since both the matters are interrelated and come out of one and the same dispute between thparties, both matters are clubbed together and the parties are being referred to as were arrayed before the trial Court in the original suit for the sake of convenience.
(3.) THE suit was filed by plaintiffs 1 to 4 seeking partition and separate possession of the plaintiffs' 5/8th share in the plaint schedule properties by metes and bounds and for mesne profits for three years prior to suit and thereafter till the date of possession of their share against the 1st defendant. The brief averments in the plaintiffs' case are as follows:
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