JUDGMENT :

The plaintiffs preferred A.S.No.1541 of 1998 against the decree and judgment in O.S.No.79 of 1989 dated 26.06.1998 on the file of the Court of learned Senior Civil Judge, Bapatla. Respondents are the defendants. During pendency of this appeal, the second respondent died. His wife being the legal heir was brought on record, as per order in A.S.M.P.No.1498 of 2012, dated 29.01.2014.

2. The third respondent, who was a subsequent purchaser of a part of the plaint schedule property, during pendency of the suit, is the appellant in A.S.No.1555 of 1998. The respondents 1 to 3 therein are the plaintiffs and whereas respondents 4 and 5 are the defendants 1 and 2 respectively. The second respondent in A.S.No.1541 of 1998, who is also the fifth respondent in A.S.No.1555 of 1998 and the second defendant, presented cross-objections in respect of the findings against him in the judgment of the trial Court in A.S.No.1555 of 1998. A.S.No.1555 of 1998 is preferred by the third defendant in respect of the findings recorded against him in the suit by the judgment of the trial Court, referred to supra.

3. The first defendant in the suit did not prefer any appeal nor present any cross-objection