Plaintiffs in O.S.No.13 of 2000 on the file of the VII Additional District Judge (Fast Track Court), Visakhapatnam, are the appellants. They filed the suit for partition against the respondents, in respect of the schedule property, which is a house at Visakhapatnam.

One Mr.Ghouse Khan had three brothers i.e. respondent Nos.1 to 3 and two sisters, the first appellant and late Malika Begum, the mother of the second appellant. Ghouse Khan did not marry and remained as a bachelor. He purchased the suit schedule property through a registered sale deed dated 29.07.1981. After the death of Ghouse Khan, the appellants and the respondents affected a family settlement, through document dated 07.02.1992. According to this, the second appellant was to be given western half of the suit schedule house and the first appellant and respondent Nos.1 to 3 were to be allotted 1/4th share each, in the rest of the property.

The appellants pleaded that in spite of repeated demands, the respondents did not agree for partition of the property in accordance with the settlement. Respondent Nos.1 and 3 remained ex parte in the trial court and the second respondent alone contested the suit. He plea