B. S. A. SWAMY, J.

( 1 ) THIS L. P. A. was filed against the decision of our learned brother Chalameswar, J. in p. Raja Rao v. C. Sithamahalakshmi (A. S. No. 1750 of 1985 and Cross-objections) wherein he has held that Ex. B-1 Will, on the evidence of its scribe, D. W. 3, in the absence of examination of its attestors, holds good.

( 2 ) THE facts are not in dispute. There was a registered partition between one Kotaiah, first respondent-first defendant (son of the said Kotaiah), the second defendant (wife of the said Kotaiah) and plaintiffs 1 and 2 (wife and daughter of one Ramlingaiah, the second son of the said Kotaiah) in Ex. A-3. Each one of them was allowed one share in the joint family property. Subsequently the said Kotaiah died intestate in the year 1970. The first respondent-first defendant and the second defendant took possession of the property that fell to the share of the said kotaiah without giving share to the branch of his 2nd son, Ramalingaiah. In those circumstances, the appellants filed O. S. No. 234 of 1979 on the file of the Additional subordinate Judge, Guntur against the first respondent-first defendant, the second defendant, and respondents 2 to 4 (defendants

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