B K BABU RAO Vs. A JAYALAXMI

JUDGEMENT

(1.) Heard Sri Hari Haran the learned Counsel representing the appellants. Sri Shyam Sunder, the learned Counsel representing the Respondents No.1 and 2 and Kumari Usha Kiran the learned Counsel representing Respondent No.6.

(2.) The unsuccessful plaintiffs in O.S. No.1770 of 1989 on the file of the III Additional Judge, City Civil Court, Secunderabad had preferred the present C.C.C.A. The 1st appellant died and appellants 7 to 13 were brought on record as legal representatives of the 1st appellant by order dated 9/8/2002 in C.M.P. No.10997 of 2002. Likewise, the 2nd appellant died and appellant Nos. 14 to 16 were brought on record by virtue of order dated 26/7/2005 in CCCAMP No.68 of 2005.

(3.) The appellants herein the plaintiffs in the suit filed the suit for partition of the plaint 'A' and 'B' schedule properties and for rendition of accounts of the rents collected and also prayed for alternative relief of recovery of some amount with interest in lieu of 'B' schedule movable properties. The learned Judge on the strength of respective pleadings of the parties had settled the issues. The 6th defendant-6th respondent in the present appeal purchaser pendente lite was impleaded as Defendant No.6 by virtue of an order made in I.A. No.2083 of 1994, dated 4-8-1995. The said party who was impleaded filed written statement on the strength of which additional issues were settled. The learned Judge recorded the evidence of PW-1, DWs.1 to 4 marked Exs.A-1 to A-6 and Exs.B1 to B-16 and ultimately came to the conclusion that the plaintiffs are not entitled to any relief as prayed for by them and dismissed the suit without costs. Hence, the appeal.