( 1 ) THIS Letters Patent Appeal arises out of the judgment by learned Single Judge in appeal CCCA No. 3 of 1989. This Letters patent Appeal has been filed by Appellant defendant No. 2 in the suit. The same appellant had filed the appeal which was decided by the learned Single Judge.

( 2 ) THE plaintiff had filed a suit for partition of a and b schedule properties and for allotment of 1/8th share. The plaintiff contended that late Prabhakara Rao mowle was the original owner of the suit properties. He left behind him the first defendant his widow, defendants 2 to 4 being his sons and defendants 5 to 7 being his daughters. Prabhakar Rao Mowle had died on 8-2-75 and plaintiff claims that defendants 1 to 7 and the plaintiff himself were entitled to 1/8th share of the suit properties both movable and immovable. The plaintiff and defendants were in possession of the suit properties and inspite of repeated requests defendants 1 to 7 did not agree to effect the partition therefore the suit was filed. The first defendant in her written statement contended that she was second wife of late Prabhakar Rao Mowle and she was entitled to 1/3rd share in the properties of her dec