JUDGMENT :

D.V.S.S. Somayajulu, J.

1. AS No. 458 of 1999 is filed by the plaintiffs questioning the judgment and decree dated 2.3.1998 in OS No. 139 of 1991 passed by the Additional Senior Civil Judge, Gudur.

2. The suit OS No. 139 of 1991 is filed for partition of the suit schedule properties. In addition to this, another suit OS No. 8 of 1995 was filed (old OS No. 241 of 1991 on the file of the District Munsif Court, Gudur) for an injunction. A common judgment was passed by which the suit for partition in OS No. 139 of 1991 was decreed and the suit for an injunction in OS No. 8 of 1995 was dismissed. Questioning the said judgment and decree in OS No. 139 of 1991, two appeals are filed by the plaintiffs as appellants in AS No. 458 of 1999 and by the second defendant as appellant in AS No. 758 of 1999. The submissions are common in both the appeals as the findings that are questioned are from one case/ judgment only.

3. The case of the plaintiffs in the suit OS No. 139 of 1991 is that one Sri Bathina Konda Reddy is the owner of the suit schedule properties. He had six sisters. They are the plaintiffs 1 and 2, the first defendant, the mother of defendants 2 to 4 called Tulasamma, the mo