THOTA LAKSHMI Vs. THOTA NARAYANA MURTHY VISHNU MURTHY

JUDGEMENT

(1.) This second appeal is filed aggrieved against the Judgment and decree dtd. 31/8/2023 in A.S.No.72 of 2016 on the file of learned XII Additional District Judge, Pithapuram, confirming the Judgment and decree dtd. 13/10/2016 in O.S.No.239 of 2010 on the file of learned Senior Civil Judge, Pithapuram.

(2.) The appellants herein are the defendants 5 to 8, the 1st respondent herein is the plaintiff and respondents 2 to 5 herein are the defendants 2 to 4 and 9 in O.S.No.239 of 2010 on the file of learned Senior Civil Judge, Pithapuram.

(3.) The plaintiff initiated action in O.S.No.239 of 2010 on the file of learned Senior Civil Judge, Pithapuram, with a prayer for seeking partition of plaint schedule property into four equal and equitable shares according to good and bad qualities and for allotment of one such share to the plaintiff and to direct 1st defendant to give vacant possession of such share to the plaintiff with future profits and to direct defendants 5 to 8 to pay an amount of Rs.3,000.00 to the plaintiff towards value of 1/4th share of net proceeds for the year 2009-10 within the time fixed by the Court. During the pendency of the suit proceedings, 1st defendant died and defendants 5 to 8 were brought on record as legal representatives of deceased 1st defendant. The 9th defendant was also added as per orders in I.A.No.288 of 2016, dtd. 13/6/2016.