GARIAPATI NEGESWARA RAO Vs. DEVARAPALLY VENKATESWARA REDDY

JUDGEMENT

(1.) This C.R.P. is filed against the order dated 15-06-2004 passed by the learned Senior Civil Judge, Addanki, in I.A.No.499 of 2003, in A.S.No.17of1998.

(2.) The petitionerfiled O.S.No.216 of 1996 against the respondents and 2 others, for the relief of partition and separate possession of the suit schedule properties. Defendants 1 to 3 are his brothers, and defendants 4 and 5 are the subsequent purchasers. A preliminary decree was passed on 14-09-1998.

(3.) The 1st respondent herein, i.e., the 5th defendant, alone filed A.S.No.17 of 1998 in the Court of Senior Civil Judge, Addanki. He gave up 4lh defendant in the suit, since there was no subsisting interest in him. Petitioner and respondents 1 and 2 herein and another, figured as respondents 1 to 4 in that appeal. During the pendency of the appeal, the 4th respondent in the appeal, died.