1. This Second Appeal is filed by the unsuccessful defendants questioning the judgment and decree dated 15.04.2013 in A.S.No.55 of 2012 passed by the VII Additional District and Sessions Judge (Fast Track Court), Vijayawada, wherein the learned Judge dismissed the appeal filed by them and confirmed the judgment and decree dated 12.12.2011 passed in O.S.No.173 of 2002 by the II Additional Senior Civil Judge, FAC: V Additional Senior Civil Judge (FTC), Vijayawada.

2. The brief facts of the case are thus:

(a) The suit is for partition of the plaint schedule property into five equal shares and for allotment of one such share to plaintiff and also mesne profits. The case of the plaintiff is that the plaintiff and defendants are the children of Aravapalli Venkata Ratnam and Venkayamma. The plaint schedule property was the self acquired property of Late Aravapalli Venkata Ratnam and besides that the said Ratnam was also having properties at Gudavalli and Penamaluru villages. About 25 years ago, there was oral partition between said Ratnam and his sons i.e. D.1 to D.3 and in the said partition, the properties at Gudavalli and Penamaluru villages fell to the share of D.1 to D.3 and