( 1 ) DEFENDANTS 1 to 3 in O. S. No. 35/90 on the file of Subordinate Judge, Puttur, had preferred this appeal. Respondents-plaintiffs in the aforesaid suit prayed for the relief of partition of plaint schedule properties into 4 equal shares with reference to good and bad qualities by metes and bounds and to allot 2 such shares to the plaintiffs. The suit O. S. No. 273/83 filed on the file of Principal District munsiff, Puttur, which was numbered as O. S. No. 37/85 on the file of Subordinate Judge, tirupati, and again, renumbered as O. S. No. 45/90 on the file of Subordinate Judge, puttur, and, O. S. No. 83/83 on the file of principal District Munsiff, Puttur, which was numbered as O. S. No. 35/85 on the file of subordinate Judge, Tirupati, and renumbered as O. S. No. 44/90 on the file of Subordinate judge, Puttur, which had been carried by way of appeals and transferred to this Court as Tr. A. S. No. 3829/2004 and 3830/2004 were not pressed by a memo and the same were dismissed by this Court as not pressed by order, dated 4-7-2005. The suit O. S. No. 287/84 on the file of Subordinate Judge, tirupati, was numbered as O. S. No. 35/90 on the file of Subordinate Judge, Puttur, and agg

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