MALLAIAH E Vs. E BALAIAH

JUDGEMENT

(1.) The appellants herein were the plaintiffs in O.S.No.327 of 1983 which was filed in the Court of the Principal Subordinate Judge, R.R. District at Saroornagar. The respondents herein were the defendants in the aforesaid suit. The said suit was filed by the plaintiffs for partition and for accounts and also for separate possession of suit properties. Both the parties led evidence in the suit and the suit was decreed in favour of plaintiff N0.1 with costs allotting the plaintiff No.1 one-third share in S. Nos.258,266,272 and 273 and the house situated at Chandanagar village. Defendants No.l and 4 were also allotted one-third share each in the said suit lands and the house.

(2.) Aggrieved by the aforesaid judgment and decree of the trial Court, the defendants in the suit carried the matter in appeal to the High Court by filing A.S.No.129 of 1989 which was decided by the learned single Judge of this Court who allowed the appeal in the following terms:

(3.) Aggrieved by the said judgment and decree passed by the learned single Judge of this Court, the unsuccessful plaintiffs 1 to 3 seek to prefer this appeal. As the first appellant is a person of unsound mind, an application is filed to permit the 2nd appellant (2nd plaintiff) to act as Guardian of the appellant No.l in the L.P.A. and all other subsequent proceedings.