M.LAKSHMI NARASIMHA ACHARYULU Vs. M.GOPALAMMA

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. 14/12/1999, in O.S.No.13 of 1991 passed by the learned Senior Civil Judge, Kakinada, [for short 'the trial Court'].

(2.) The appellants herein are the defendant Nos.1 and 2, the respondent Nos.1 to 5 herein are the defendant Nos.3 to 7 and the respondent No.6 herein is the plaintiff in O.S.No.13 of 1991, on the file of the Senior Civil Judge, Kakinada. During the pendency of the appeal, the appellant No.1 died and the appellant No.2 was added as legal representative of the deceased appellant No.1. The respondent No.3 died during the pendency of the appeal and the respondent Nos.7 to 9 were added as legal representatives of the deceased respondent No.3. The respondent No.2 also died during the pendency of the appeal and the respondent No.10 was added as legal representatives of the deceased respondent No.2.

(3.) Originally, the respondent No.6/plaintiff herein filed the suit in O.S.No.13 of 1991 against defendant Nos.1 to 7, seeking for partition of plaint schedule property and for allotment of plaint 'A' and 'B' schedule properties into 40 equal shares with reference to good and bad qualities and for allotment of one such share to the plaintiff and other share to the defendants that is 5/40th share to the defendant No.1, 9/40th share to the defendant No.3 and 20/40th share to other defendant Nos.4 to 7 and for future profits and costs of suit.