JUDGMENT :

M. Venkata Ramana, J.

1. This is a regular first appeal preferred under Section 96 CPC by the plaintiffs in O.S. No. 186 of 2003 on the file of the Court of learned Additional Senior Civil Judge, Ongole. The respondents were all the defendants. By the decree and judgment dated 02.06.2014, the suit was dismissed without costs.

2. The appellants laid the suit for partition of the plaint schedule property to allot their alleged share of Ac. 2.23 cents out of it or in alternative to allot the above extent in a single plot out of Ac. 19.41 cents taking into consideration equities and to grant a permanent injunction restraining the respondents 1 to 4 from going on with their mining operations in the plaint schedule property till division of the property by metes and bounds.

3. The property in dispute is described in the plaint schedule as under:

"Prakasam District Registration - Chimakurthy Sub Registration Chimakurthy village - land an extent about Ac. 19.41 cents consists as a single plot with the suit three items in S. Nos. 933/1, 933/2 and 960 of Chimakurthy Revenue

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