1. This Second Appeal is filed by the 3rd defendant in the Court below against the judgment and decree of the V Additional District Judge, (Fast Track Court) East Godavari, Rajahmundry in A.S.No.47 of 1998 dated 31.12.2002 wherein the learned Judge allowed the appeal and set aside the judgment and decree dated 21.05.1997 passed by the Senior Civil Judge, Pithapuram in O.S.No.16 of 1994 filed by the plaintiff for partition of plaint schedule properties into three equal shares and put him in possession of one such share.

2. The brief facts of the case are thus:

(a) The case of the plaintiff is that himself and defendant No.2 (D2) are the sons of 1st defendant (D1) and they constituted a Hindu joint family. The suit schedule properties are the ancestral properties. D1 is the manager of their joint family. Since D1 was addicted to all vices and creating documents to squander away the property and as the plaintiff did not want to remain joint with the D1, he issued notice dated 20.06.1992 (vide Ex.A1) calling upon D1 to divide the property into three equal share by metes and bound and allot on such share to him. The alienations if any effected subsequent to 20.06.1992 are not b