L NAGAPATHARAJU Vs. L GANGAMMA

JUDGEMENT

(1.) This second appeal is from the Judgment and decree of the 1st Additional District Judge, Krishna at Machilipatnam in A.S.No.16 of 1987, dated 17-6-1993 setting aside the Judgment and Decree in O.S.No.143 of 1981 on the file of the District Munsif, Kaikalur, dated: 1-10-1986.

(2.) The appellants are the plaintiffs in the suit. For the sake of convenience the parties herein are referred to as they are arrayed in the suit.

(3.) The plaintiffs filed the suit, O.S.No.143 of 1981 on the file of the District Munsif, Kaikalur, for permanent injunction restraining the defendant and her men from interfering with their possession and enjoyment over the suit schedule property and for costs. As per the averments in the suit, the plaintiffs are brothers and the defendant is their senior paternal aunt. Plaintiffs being minors are represented by their father, Loya Koteswar Rao. Loya Raghavulu, Loya Koteswar Rao and Loya Seetharamaiah are brothers. The defendant is the second wife of Raghavulu. Loya Raghavulu and Loya Sitaramaiah have no issue, while Koteswara Rao has three sons, who are the plaintiffs. Loya Raghavulu owns certain movable and immovable properties. He was suffering from Cancer for considerable time. He died on 9-10-1980. He executed a Will dated: 10-8-1980 bequeathing one acre of land covered by Sy.No.620 situated at Bhaskararaopet in favour of plaintiffs No.l and 2; 56 cents of land in Sy.No.620/4 in favour of the 3rd plaintiff with absolute rights. He further bequeathed Ac. 1.45 cents of land in R.S.No.621/2,5 cents of house-site and certain movables in favour of the defendant with life interest with vested remainder equally with plaintiffs. After the death of Raghavulu, the plaintiffs