JUDGMENT

1. I have heard learned Senior Counsel Mr.P.Rajasekhar, representing on behalf of Mr.E.V.V.S.Ravi Kumar, learned counsel for the petitioners as well as Mr.T.V.Jaggi Reddy, learned counsel for the respondents.

2. This petition is filed by the petitioners/appellants/defendants under Sec. 5 of Limitation Act to condone the delay of 1250 days in preferring the second appeal against the judgment and decree passed in A.S.No.186 of 2012 on the file of IV Additional District Court, Kakinada.

3. The case of the petitioners/defendants in brief is that R1, R2 have filed O.S.No.74 of 2010 on the file of II Additional Senior Civil Judge Court, Kakinada, for partition of plaint schedule property into 15 equal shares and to allot two such shares to them and for mesne profits. The petitioners submit that they denied the contention of the respondents by stating that they have no right to claim share in the plaint schedule property and they further stated that suit schedule property is the absolute property of D2 to D4. It is the contention of the petitioners that the trial Court erroneously decreed the suit by passing a preliminary decree against which they preferred A.S.No.186 of 2012 on t