Though the matter is appearing under the caption of interlocutory, the counsel on record made elaborate submission; with a further request for final disposal of the second appeal itself.

2. Sri K. Srinivasa Rao, representing Sri P. Sri Raghuram, learned counsel representing appellants in the second appeal had taken this Court through the respective pleadings of the parties and the evidence available on record and would maintain that in the facts and circumstances of the case the reliefs granted being beyond the pleadings of the parties and the reliefs prayed for in the suit, such reliefs cannot be sustained. The learned counsel also pointed out that the present suit is hit by Order II Rule 2 of the Code of Civil Procedure. The learned counsel also would maintain that in the light of the facts and circumstances the findings recorded by the appellate court on the question of res judicata also cannot be sustained. The counsel also relied on certain decisions.

3. On the contrary, Sri Upendra Rao, learned counsel representing Sri E.V. Bhagiratha Rao, had taken this Court through the findings recorded by the court of first instance and also the appellate court and would maintain th