DEVIREDDY SURYANARAYANA REDDY Vs. KUSUM KASTURAMMA AND ORS.

JUDGEMENT

(1.) THE unsuccessful sole defendant had originally filed this Second Appeal under Section 100 of the Code of Civil Procedure, 1908 assailing the decree and judgment dated 28.10.2002 in A.S. No. 86 of 2000 on the file of the learned I Additional District Judge, Cuddapah. The learned I Additional District Judge while allowing the said first appeal had set aside the decree and judgment dated 31.08.2000 of the learned Junior Civil Judge, Pulivendla and had decreed the suit in O.S. No. 176 of 1998 filed by the Plaintiffs/respondents for declaration of right and title to the plaint schedule property and consequential perpetual injunction. The first appellant/sole defendant had died during the pendency of this appeal and his legal representatives were brought on record as appellants 2 to 4. Though the appeal against the 4th respondent/4th plaintiff was dismissed on her death as abated, there is no abatement of the whole appeal as the other plaintiffs, who are claiming exclusive interest in the property and also the deceased 1st defendant, who is her son, and his legal representatives were already on record and are representing the estate and as the other two brothers of the deceased 1st defendant are not claiming any interest in the subject property.

(2.) I have heard the submissions of the learned counsel for the appellants 2 to 4 and the learned counsel for the plaintiffs 1 to 3/respondents herein. I have perused the material record. At the time of the admission of this second appeal, this Court had taken note of the substantial questions of law mentioned in grounds Nos. 2 and 3 of the grounds of appeal, which read as follows: - -

(3.) TO adjudicate the lis and answer the substantial questions of law, it is necessary to refer the cases pleaded by the parties.