(1.) This Second Appeal is preferred by the appellants/defendants No.1, 2 and 4 under Sec. 100 of the Code of Civil Procedure 1908 assailing the decree and judgment, dtd. 28/9/1999, passed in A.S.No.10 of 1992 on the file of the Senior Civil Judge, at Anakapalle.
(2.) Heard Smt.T.V.Sridevi, learned counsel for the A ppellants No.1 and 2. The appellant No.3 died pending appeal. No legal representatives came on record. Heard Sri Y.Sudhakar, learned counsel for the 1st Respondent. None appeared for the respondent No.2/defendant No.5, who remained exparte before the trial Court, as well 1st Appellate Court. Perused the material on record.
(3.) The appellants No.1 and 2 are the defendants No.1 and 2 in the suit. The 1st respondent is the plaintiff in the suit. The parties in the Second Appeal shall hereinafter be referred to as arraigned in the Original Suit, for convenience and clarity.