P. S. NARAYANA, J.

( 1 ) THIS Letters Patent Appeal is filed against the Judgment of the learned Single Judge in a. S. NO. 1729/83 dated 28-7-1992 reversing the judgment in O. S. No. 190/72 on the file of additional Subordinate Judge Guntur dated 23-6-1983.

( 2 ) THE plaintiff in the suit and the respondent in the appeal is the appellant in the present Letters Patent Appeal and 2nd defendant-appellant is the 1st respondent and 1st defendant is the 2nd respondent and since the appellant died, in C. M. P. No. 10274/96, appellants 2 to 6 were brought on record. For the purpose of convenience the parties are referred to as arrayed in the suit.

( 3 ) THE plaintiff filed O. S. No. 190/72 on the file of Additional Subordinate Judge, guntur for partition of the plaint schedule properties into two equal shares and to allot one such share and a preliminary decree was passed on 14-2-1977 in respect of Item nos. 2 and 3 and the suit was dismissed as far as Item No. 1 of the plaint schedule is concerned. The 2nd defendant in the suit is claiming exclusive right, title and possession over Item No. 1 of the plaint schedule property. The petitioner carried the matter in appeal and the matter was r

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