( 1 ) BOTH the cases can be disposed of by a common order.

( 2 ) THE C. C. C. A. is filed challenging the order passed in LA. No. 1351/1995 in LA. No. 854/1984 in O. S. No. 42 of 1962 on the file of the learned I Additional judge, City Civil Court, Hyderabad. For the sake of convenience, parties herein have been referred to as they are arrayed in the suit.

( 3 ) THIS is a case of litigation percolating to generations. The suit for partition was filed by the plaintiff in the year 1935 claiming partition in respect of matruka properties. However, for various reasons, the suit was not numbered and finally it was numbered in the year 1962 as O. S. No. 42 of 1962. A preliminary Decree was passed on 24-11-1970 by the trial Court in which the share of Defendant No. l was determined at 14/104th. The matter was subjected to appeal, but however the said decree became final as far as the daim of Defendant No. 1 in various properties including Itemno. 2 of Schedule b was concerned. During the pendency of the litigation, number of defendants died including Defendant No. l. Therefore, their Legal representatives were brought on record. In respect of Defendant No. l, defendant