T.SATYANARAYANA Vs. TURANGI SOMARAJU

JUDGEMENT

(1.) This second appeal is filed aggrieved against the judgment and decree dtd. 22/3/2012, in A.S.No.47 of 2005, on the file of the III Additional District Judge, Kakinada, reversing the judgment and decree dtd. 17/2/2005 in O.S.No.171 of 1998, on the file of the Principal Senior Civil Judge, Kakinada.

(2.) The appellant herein is the defendant, and respondent Nos.1 to 7 are the plaintiffs in O.S.No.171 of 1998, on the file of the Principal Senior Civil Judge, Kakinada. During the pendency of the first appeal proceedings before the First Appellate Court, respondent No.1 herein/plaintiff No.1 died and respondent No.8, who is the 2nd wife of plaintiff No.1, was added as the legal representative of deceased plaintiff No.1. As plaintiff No.1 got another daughter, i.e., respondent No.9 herein, she was also brought on record as the legal representative of deceased plaintiff No.1.

(3.) The plaintiffs initiated action in O.S.No.171 of 1998, on the file of the Principal Senior Civil Judge, Kakinada, with a prayer for partition of the suit schedule properties viz. 'A and B' schedule properties against the defendant into 8 equal shares with good and bad qualities by metes and bounds and allot 7 such shares, i.e., each one such share to each plaintiff, and pass a final decree in terms of the preliminary decree and put the plaintiffs in separate possession from the joint possession and enjoyment and for costs.