KASARAM JAYAMMA Vs. JAJALA LAKSHMAMMA

JUDGEMENT

(1.) THIS Letters Patent Appeal is preferred against the Judgment dated 17. 3. 1997 in a. S. No. 1243 of 1993, whereunder the judgment and preliminary decree for partition granted in O. S. No. 108 of 1985 on the file of the Court of the Subordinate Judge, srikalahasti, was confirmed by the learned Single Judge.

(2.) THE Respondents 1 to 5 herein are the plaintiffs, who filed O. S. No. 38 of 1980 in the court of the Subordinate Judge, Tirupati, (subsequently transferred to the Court of subordinate Judge, Srikalahasti, and renumbered as O. S. No. 108 of 1985), seeking a decree for partition of suit schedule properties into 24 equal shares and for allotting seven shares to them. The suit was decreed by the trial Court by Judgment dated 26. 3. 1993. Challenging the said Judgment and preliminary decree, the defendants 4 and 5 alone preferred A. S. No. 1243 of 1993 before this court which was dismissed by Judgment dated 17. 3. 1997. Hence, this Letters Patent appeal by the defendants 4 and 5.

(3.) THE respondents 6 to 8 herein are the defendants 1 to 3 and respondents 9 to 11 are the defendants 6 to 8 in the suit. Respondent No. 12 herein was not a party to the suit, but was impleaded as a party respondent pending the Appeal.