This appeal is filed by the 1st defendant in O.S.No.138 of 1988 on the file of the Principal Senior Civil Judge, Eluru, having been aggrieved by the judgment and decree dated 02.03.1998 in said suit filed by the respondent Nos.1 to 3 herein as plaintiff Nos.1 to 3 against him and their father Maddula Gangaraju-2nd defendant to the suit who is no other than 4th respondent to the appeal since died pending appeal and his other legal heirs(besides R.1 to R.3(plaintiffs) on record not claimed so) brought on record as R.5 to R.9 of the appeal by order dated 23.07.2012 in A.S.M.P.No.2400 of 2006.

1(a). In fact, as per the decision in KothaSeshamma Vs. Pittela Venkayya (AIR 1957 AP 386) after born sons also got right by birth in the joint family property, even to challenge the alienation made by father or other manager as improper to seek for setting aside. Here, the claim of plaintiffs (the benefit of which the respondents 5 to 8 also entitled) is in the joint family property to question the alienation made by their father-2nd defendant under Ex.B.2 to 1st defendant after Ex.A.1 relinquishment deed and as such there is a conflict of interest between them and 2nd defendant, to sa