M. Seetharama Murti, J.

1. The second appeal in SA.No.1140 of 2003 under Section 100 of the Code of Civil Procedure, 1908 (the Code, for brevity) by the unsuccessful defendants 2 and 4 is directed against the decree and judgment dated 11.09.2003 in AS.No.204 of 2001 on the file of the Court of the learned II Additional District Judge, Visakhapatnam.

1.1 By the impugned decree and judgment, the Court below had dismissed the first appeal of the defendants 2 and 4 and also the cross objections of the plaintiffs.

1.2 Therefore, feeling aggrieved of the dismissal of their cross objections and for not awarding future mesne profits, the plaintiffs had brought the other second appeal SA.No.1305 of 2003.

1.3 The learned Additional District Judge while dismissing the said first appeal of the defendants 2 and 4 and the cross objections of the plaintiffs had confirmed the decree and judgment dated 27.08.2001 of the learned Senior Civil Judge, Yelamachili of Visakhapatnam District passed in OS.No.32 of 1997 (Old OS.No.287/91 on the file of the Court of the learned Principal District Munsif Court, Yelamachili) filed for declaration of plaintiffs right, title and interest over Ac.5.89 cents