JUDGMENT :

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellant/defendant No.6 challenging the Decree and Judgment, dated 14.06.2004, in O.S. No.205 of 1996 passed by the learned Principal Senior Civil Judge, Rajahmundry [for short ‘the trial Court’]. The Respondents herein are the plaintiff and defendants 1 to 5 in the said Suit.

2. The Plaintiff filed the above said suit for (a) partition of plaint A schedule and C schedule properties into two equal shares by metes and bounds and to allot and deliver possession of one such share to the plaintiff, (b) to grant a decree directing the defendant to deliver the jewelry shown in the schedule B filed with plaint in specie or pay the value together with interest at 12% p.a. from the date of suit till the date of payment; (c) to direct the defendant to render a true and correct account of the amount of Rs.1,00,000/- and make over or pay half share of the improvements made on the said Rs.1,00,000/- from 01.05.1990.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.205 of 1996, are as under