DEVARAPALLI RAMBABU Vs. DUMPA SINGAMMA

JUDGEMENT

(1.) The un-successful plaintiff in O.S.No.8 of 1988 on the file of the Additional Subordinate Judge, Ongole, preferred this appeal aggrieved by the judgment and decree made in O.S.No.8 of 1988 on the file of the Additional Subordinate Judge, Ongole, dated 29.07.1995.

(2.) The learned Judge on the strength of the respective pleadings of the parties, having settled the issues, on appreciation of the evidence of PWs 1 to 3, DW1 & DW2, Exs.A1 to A13 and Exs.B1 to B8, ultimately decreed the suit to anextent of Ac.3.56 1/3rd cents and dismissed the suit relating to the rest of the items of the plaint schedule property. It was also further directed that the plaintiff to pay court fee under Order 33, Rule 11 C.P.C., in respect of the entire plaint schedule property and a charge is created over an extent of Ac 3.56 1/3rd cents, in relation to which, the decree was passed. Certain other directions also had been given relating to the deposits. The appellant- plaintiff aggrieved by the major portion of the relief, had preferred this appeal. The sole appellant-plaintiff was a minor as on the date of the institution of the suit represented by the next friend and she was declared as major by virtue of the court order, dated 22.03.2001. The third defendant in the suit was also declared as major as per the orders in I.A.No.1762 of 1992, dated 15.03.1993. It is needless to say that the respondents in the appeal are the defendants in the suit. The parties hereinafter would be referred to as 'plaintiff' and 'defendants' as arrayed in the suit herein after, for the purpose of convenience.

(3.) The defendants aggrieved by the granting of decree for the limited extent also had preferred cross objections.