( 1 ) SAPPA Srinivas, as minor represented by next friend Randhi ayyanna, the maternal grandfather, instituted the suit for partition as indigent person i. e. , O. P. No. 59/92 which was numbered as o. S. No. 78/94 on the file of Senior Civil judge, Tadepallegudem. The said minor was declared as major and next friend was discharged as per order in IA No. 593/ 2000 dated 19/7/2000. On the respective pleadings of the parties, issues were settled and PW-1 - next friend, PW-2 -Buddala ramanna, PW-3 - the plaintiff, were examined and Exs. A-1 to A-9 were marked. Likewise, DW-1 to DW-10 were examined and Exs. B-1 to B-10 were marked. The court of first instance granted a preliminary decree for partition holding that the alienations are not binding on the shares of the plaintiff and the 3rd defendant on 11-9-2000. Aggrieved by the said judgment and decree the alienees/defendants 4 to 9 preferred a. S. No. 111/2001 on the file of I Additional district Judge, West Godavari, Eluru and the appellate Court dismissed the said appeal by Judgment and decree dated 16-7-2002. Aggrieved by the same, the present second appeal is filed.

( 2 ) NO doubt, the report of the commissioner