( 1 ) THIS appeal is preferred by the first defendant in O. S. No. 1 of 1997 on the file of the Senior Civil Judge, Adilabad. The first respondent - plaintiff filed O. S. No. 1 of 1997 for partition of the suit property into two equal shares between the plaintiff and the first defendant and to allot one such share to the plaintiff. The suit was dismissed by the trial court through its judgment dated 9-11-1998. The plaintiff being aggrieved by the judgment of the trial Court preferred a. S. No. 3 of 1999 before the Additional district Judge, Adilabad. The appellate court allowed the appeal through the judgment dated 23-1-2002 by setting aside the judgment and decree of the trial Court and decreeing the suit as prayed for. The first defendant being aggrieved by the judgment and decree of the first appellate Court preferred this second appeal challenging the validity and legality of the decree granted by the first appellate Court.

( 2 ) WHEN the matter came up for admission before this Court, notice was ordered to the respondents 1 and 2 and the first respondent - first defendant made appearance through her counsel. The notice sent to the second respondent returned u