M.NARAYANASWAMY NAIDU Vs. A.BARATHAMMA

JUDGEMENT

(1.) This second appeal is filed aggrieved against the Judgment and decree dtd. 10/4/2023 in A.S.No.58 of 2017, on the file of the Principal District Judge, Chittoor, confirming the Judgment and decree, dtd. 11/9/2023 in O.S.No.37 of 2001, on the file of the Principal Senior Civil Judge, Chittoor.

(2.) The appellant herein is the 7th defendant and the 1st respondent herein is the plaintiff and the respondents 2 to 6 & 8 to 13 herein are the defendants 1 to 6 and 8 to 13 in O.S.No.37 of 2001, on the file of the Principal Senior Civil Judge, Chittoor. It is to be noted here that during the pendency of the first appeal, the 2nd respondent therein died and the respondents 14 to 18 are added as legal heirs of the deceased 2nd respondent.

(3.) The plaintiffs initiated action in O.S.No.37 of 2001, on the file of the Principal Senior Civil Judge, Chittoor, with a prayer for division of item Nos.1 to 3 of the plaint schedule properties and to allot 1/16th share to the 1st plaintiff and 5/16th share to the 2nd plaintiff and to put separate possession of the same and for permanent injunction restraining the defendants 5 and 6 from in any way making constructions over item No.1 of the plaint schedule property and for costs.