V. NEELADRI RAO, J.

( 1 ) D-1 in OS 249/78, Sub Court. Guntur is the appellant herein. R-1 herein filed suit for partition f plalat-A aad b schedule properties iate five equal shares and for allotment of three such shares for separate possession of the same and for recovery of Rs. 2. 000/- from D-1 and D-2 as damages, future profits interest at the rate of 6% p. a. and costs. The trial court passed a preliminary decree for partition of plaint-A schedule properties into five equal shares and foi allataeat ef three such shares to plaintiff and for possession of the same aad it was confirmed by the first appellate court. Being aggrieved D-l preferred this appeal.

( 2 ) D-2 aad D-4 to D-6 are sons of D-l. D-4 herein for himself and as next friend of D-5 and D-6 herein filed OS 71/55 against D-l herein and others for partition of plaiat schedule properties therein whioh include plaint-A schedule house herein. That suit was dismissed for default on 26-2-57. Sri RMV Bhujangasayana Rao advocate appeared for the plaintiffs ia the above suit. He filed SC 209/60, Additional district Munsif s Court. Guntur against d 4 to D 6 herein for Rs 475/- being his fee in OS 71/55 and for interest at 15.

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