ATHALURI BUCHI NAIDU Vs. ATHALURI RUKMA BAI

JUDGEMENT

(1.) The unsuccessful plaintiffs aggrieved of the decreeing the suit partly and negativing the relief partly in O.S. No. 120/85 on the file of Subordinate Judge, Machilipatnam had preferred the present Appeal. The 1st plaintiff in the suit, the 1st appellant in the Appeal, died and appellants 3 to 7 are brought on record as legal representatives of the deceased 1st appellant by order dated 3-2-2000 in C.M.P. No. 26454/99. The respondents herein are the defendants in the suit.

(2.) The parties would be referred to as "plaintiffs" and "defendants" hereinafter for the purpose of convenience.

(3.) The plaintiffs filed the suit against the defendants for partition of the plaint schedule property into shares 41:32:9:18 to plaintiffs 1 and 2 and defendants 1 to 3 respectively and to deliver the plaintiffs share or its value to them, to direct the defendants to account and pay profits or damages to the plaintiffs with subsequent interest and for costs. The trial Court on appreciation of the evidence of PW-1 and DW-1, the 1st plaintiff and the 1st defendant, and also Exs.A-1 to A-11 and Exs.B-1 to B-53, decreed the suit partly passing a preliminary decree in relation to the suit property of an extent of 1461/2 sq. yards in S. No. 256 in Ambaraiah Agraharam, Englishpalem at Machilipatnam and the assets of the rice mill situate thereon with all electrical appliances to be divided into 100 shares and put the plaintiffs in possession to an extent of 25 shares and 16 shares respectively and put to 1st defendant in possession of 32 shares, 2nd defendant to an extent of 9 shares and 3rd defendant to an extent of 18 shares and the rest of the claims of the plaintiffs in respect of the vacant site of 1306 sq. yards and terraced building thereon had been negatived. Hence the Appeal.