SHAIK PYARE JAN Vs. D.SATYANARAYANA

JUDGEMENT

(1.) This Appeal, under Sec. 96 of the Code of Civil Procedure [for short "the C.P.C.'], is filed by the Appellants/Defendant Nos.1 and 2 challenging the Decree and Judgment, dtd. 1/3/2000, in O.S.No.100 of 1983 passed by the learned Senior Civil Judge, Madanapalli, [for short "the trial Court'].

(2.) The appellants herein are the defendant Nos.1 and 2 and the respondent Nos.1 and 2 herein are the plaintiffs and the respondent Nos.3 to 19 herein are the defendant Nos.3 to 19 in O.S.No.100 of 1983 passed by the learned Senior Civil Judge, Madanapalli. During the pendency of the appeal the appellant No.2 died and the appellant No.3 was brought on record as legal representative of the deceased appellant No.2. The appellant No.1 also died during the pendency of the appeal and the appellant Nos.4 and 5 were brought on record as legal representatives of the deceased appellant No.1. During the pendency of the appeal the respondent No.4 died and the respondent Nos.1 and 2, who are already on record along with respondent Nos.22 to 26 were brought on record as legal representatives of the deceased respondent No.4. Subsequently, the respondent No.5 died and the respondent Nos.20 to 21 were brought on record as the legal representatives of the deceased respondent No.5. Thereafter, the respondent Nos.7 and 17 also died and the respondent Nos.27 to 29 and the respondent Nos.30 to 34 were brought on record as the legal representatives of the deceased respondent Nos.7 and 17.

(3.) Originally, the respondent Nos.1 and 2/plaintiffs herein filed the suit in O.S.No.100 of 1983 against defendant Nos.1 to 19, seeking for partition of the schedule properties into two equal shares and for allotment of one such share to the plaintiffs.