D. S. R. VARMA, J.

( 1 ) THIS appeal is filed challenging the judgment and decree dated 26. 11. 2001 passed by the learned single Judge in A. S. No. 730 of 1991, whereby the appeal filed by the plaintiff was partly allowed directing partition of the plaint schedule properties into four equal shares among the plaintiff and defendants 1 to 3 with a further direction to allot one such share to the plaintiff. In the result, the suit in O. S. No. 136/1986 was partly decreed after setting aside the judgment and decree passed by the trial Court and further dismissing the suit against defendants 4 and 5 by holding that the suit does not lie against them. The learned single Judge further gave liberty to the plaintiff to claim the reliefs in the suit on other aspects by way of filing a separate application for the said reliefs.

( 2 ) THE facts that lead to the filing of the suit are briefly as under:

( 3 ) FOR convenience, the parties are referred to as plaintiff and defendants.

( 4 ) THE plaintiff filed O. S. No. 92/1984 on the file of the Subordinate Judge, Kavali which was renumbered as O. S. No. 136/1986 after being transferred to the file of subordinate Judge, Kovvur, seeking (1) partiti

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