SONTI LAKSHMI KAMALA Vs. SONTI SIVANANDA RAO

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure is filed aggrieved against the judgment and decree, dtd. 2/3/2010, in A.S.No.104 of 2005 on the file of the VII Additional District Judge at Kakinada, reversing the judgment and decree, dtd. 15/7/2005, in O.S.No.45 of 2001 on the file of the I Additional Senior Civil Judge at Kakinada.

(2.) The plaintiffs initiated action in O.S.No.45 of 2001, on the file of the I Additional Senior Civil Judge at Kakinada, with a prayer for preliminary decree in favour of the plaintiffs to divide the plaint schedule property into two equal shares with reference to good and bad qualities and allot one such separate share to the plaintiffs and to deliver separate possession to them and to award costs.

(3.) The learned I Additional Senior Civil Judge at Kakinada, decreed the suit with costs. Felt aggrieved of the same, the unsuccessful defendant in the above said suit filed the aforesaid appeal before the first appellate Court. The learned VII Additional District Judge at Kakinada, allowed the appeal by setting aside the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the plaintiffs approached this Court by way of second appeal.