( 1 ) THIS appeal arises out of a common judgment dated 26-09-1979 passed by the learned Principal Subordinate Judge, guntur, in O. S. No. 193 of 1976 and O. P. No. 12 of 1977.

( 2 ) O. S. NO. 193 of 1976 is the suit filed for (1) partition of the suit a schedule mentioned properties, (2) for declaration that the alienations made in favour of the defendants 2 to 11 are collusive, nominal, (3) for recovery of maintenance to the 1st plaintiff at the rate of Rs. 3,600/- per annum and Rs. 2,000/- towards residence, and (4) for recovery of movable properties mentioned in the plaint b and c schedules. O. P. No. 12 of 1977 is the petition filed by the 1st defendant-husband under section 9 of the Hindu Marriage Act for restitution of conjugal rights against the 1st plaintiff. The appeal has been filed against that part of the judgment dismissing the claim of the plaintiffs while decreeing the suit for partition and in regard to the quantum of maintenance. O. P. No. 12 of 1977 has been dismissed and the order has become final, since no appeal has been filed.

( 3 ) THE parties can be referred to as arrayed in the suit so as to avoid any confusion.

( 4 ) BRIEFLY stated t