JUDGMENT :

This is an appeal preferred against decree and judgment dated 16.07.2009 in O.S.No.1145 of 2004 on the file of the learned Principal Senior Civil Judge at Visakhapatnam, under Section 96 CPC.

2. The 1st defendant is the appellant. The respondents 1 and 2 were the plaintiffs and the deceased 3rd respondent was the 2nd defendant. The 3rd defendant is the 4th respondent. During pendency of the suit, the 3rd respondent died. His L.Rs. being the respondents 5 to 8 were brought on record. The 1st respondent also died during pendency of this appeal. His wife the 2nd respondent and the respondents 9 to 11, who have been brought on record, are his L.Rs. In the memorandum of appeal, it is stated that the respondents 3 to 8 are not necessary parties to this appeal.

3. The respondents 1 and 2 instituted the suit against the appellant and the 3rd as well as the 4th respondents for eviction from the plaint schedule property, for past mesne profits of Rs.90,000/-, for grant of permanent injunction restraining the appellant and the respondents 3 and 4 from alienating or otherwise encum