RAMANIVAS GUPTA Vs. MALIRAM

JUDGEMENT

(1.) These appeals are preferred against the judgment and decree rendered by the Court below. In fact, out of one suit, four appeals are filed which are before me and it is stated that one more appeal is yet to be numbered as there was a delay in preferring the same and that the delay was condoned only last week and that appeal is yet to be numbered. Totally there are 13 defendants. While defendants 11, 12, and 13 filed C.C.C.A. No. 39/94 represented by Mr.C.Poornaiah; CC.C.A.No.41/94 is filed by defendants 3 and 5 represented by Mr.M.V.S. Suresh Kumar; C.C.C. A.No.47/94 is filed by the widowof defendant No.1 represented by Mr.C.V. Mohan Reddy and C.C.CA.No.49/94 is filed by defendants 2 and 4 represented by Mr.T.Veerabhadrayya and another appeal is said to have been filed by defendants 9 and 10 represented by Mr. Singh.

(2.) The 1 st defendant is the karta and his co-parcener sons are defendants 2,3, 4 and 5. The 1st defendant died and his widow is brought on record as Legal Representative. Defendants 6,7 and 8 are the brothers of the 2nd plaintiff. Defendants 9 and 10 are said to be the nephews of defendant No. 1. Defendants 11, 12 and 13 are the purchasers from the defendants 9 and 10. The suit in O.S.No.856/85 was instituted in the Court of the IV Additional Judge, City Civil Court, Hyderabad by (1) Devikinandan, (2) Mahavir Prasad and (3) Maliram relating to three shops and residential portion on the first floor thereon situated at Charkaman, Near Charminar, Hyderabad two furlongs away from the premises of this Court. On 29-7-87 the 1st plaintiff withdrew the suit and the 2nd plaintiff withdrew the suit on 26-2-91. Then in the fray, there was only 3rd plaintiff who prosecuted the suit claiming the relief for one shop and the corresponding residential portion on the first floor corresponding to l/3rd share. The said suit was decreed by a judgment dated 16-2-1994.

(3.) It is pertinent to mention that each of the appeals in which the judgment is assailed, relates to the same shop and corresponding portion thereon valued at Rs. 1,52,000/- that is, the value of each of the appeal. Even though these appeals are of 1994, they were directed to be heard on 12-7-94 and because of that, these appeals came up before this Court for hearing.