C.V. NAGARJUNA REDDY, J.

1. Defendant Nos. 1, 4, 5, 6, 8, 9 and 10 in O.S. No. 2 of 2002 filed this appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) read with Order XLI of CPC, feeling aggrieved by judgment dated 29.01.2008 in the said suit, on the file of the Principal District Judge, Medak, at Sangareddy.

2. Respondent No. 1 (since died) presently represented by respondent Nos. 23 to 28, filed the cross-objections in respect of item No. 3 of the plaint schedule properties allotting the said item to the shares of appellant Nos. 1 and 5 to 7, for being allotted to their purchasers, who are defendant Nos. 11 to 28. For convenience, the parties are referred to as they are arrayed in the suit.

3. Brief facts leading to the filing of this appeal are that late K. Veeraiah (hereinafter referred to as the testator) is the original owner of the plaint schedule properties comprising A to C schedules. Defendant No. 1 is the son, and the plaintiff and defendant No. 2 are the daughters of the testator. The testator died on 19.12.1990 allegedly leaving behind a Will, which is the source of the litigation between the plaintiff and defendant Nos. 1 and 8 to 10. The plaint