TALARI VANA KAMAESWARAMMA Vs. TALARI SATYANARAYANA

JUDGEMENT

(1.) The second appeal under Sec. 100 of the Code of Civil Procedure ("C.P.C." for short) is filed by the defendants aggrieved against the Judgment and decree dtd. 19/12/2018 in A.S.No.107 of 2017, on the file of the IX Additional District Judge, Krishna, Machilipatnam, confirming the Judgment and decree, dtd. 9/11/2017 in O.S.No.57 of 2011, on the file of the Additional Senior Civil Judge, Machilipatnam.

(2.) The appellants in main appeal are defendants in O.S.No.57 of 2011 on the file of the Additional Senior Civil Judge, Machilipatnam, who are respondents in Cross Objections and respondent in main appeal is plaintiff in O.S.No.57 of 2011 on the file of the Additional Senior Civil Judge, Machilipatnam, who is Cross Objector in Cross Objections.

(3.) The plaintiff initiated action in O.S.No.57 of 2011 on the file of the Additional Senior Civil Judge, Machilipatnam, with a prayer for the relief of partition" and separate possession of plaint schedule property into two equal shares in the 1st instance and allot one such share to him and another share to the heirs of Talari Lakshmana Swamy by metes and bounds and deliver the possession of such share and also preliminary decree for partition of half share of Talari Lakshmana Swamy into three equal shares and for allotment of one such share to him and deliver vacant possession, with costs.