( 1 ) THIS appeal arises out of the Judgement and decree dated 21. 07. 1992 passed by the learned Subordinate Judge, Medak in the claim petition in E. A. No. 5 of 1984 filed in E. P. No. 10 of 1983 in O. S. No. 37 of 1969.

( 2 ) TO avoid any confusion it is expedient to refer the parties as they are arrayed in the claim petition. The petitioner is the third party to the Suit, O. S. No. 37 of 1969 filed on the file of Subordinate Judge Medak and the consequential E. P. No. 10 of 1983 filed in execution of the decree passed therein. The first respondent filed the said suit for partition against the respondents 2 and 3 who are the defendants 1 and 2 respectively in the suit along with one Kanakamma. The said Kanakamma died during the pendency of the suit. The suit was dismissed at the culmination of the trial. The appeal in A. S. No. 25 of 1970 filed by the plaintiff-appellant was allowed by a learned single Judge of this Court reversing the Judgement and decree in the suit. The Letters Patent Appeal No. 5 of 1972 filed against the Judgement and decree passed in A. S. No. 25 of 1970 was allowed. However, in view of the compromise entered into between the respondents 1 and 2 (who are t

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