JUDGMENT

1. This Appeal, under Sec. 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellants/plaintiffs challenging the Decree and Judgment, dtd. 20/3/2003, in O.S.No.190 of 1996 passed by the learned Principal Senior Civil Judge, Eluru [for short 'the trial Court']. The Respondents herein are the defendants in the said Suit.

2. The Plaintiffs filed the above said suit for declaration that the will dtd. 18/1/1991 executed by late Motaparthi Seshayya is true and valid and for partition of the schedule properties into two equal shares and to allot one such share to the plaintiffs and for mesne profits and for costs of the suit.

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.190 of 1996, are as under:

i) The father of the first plaintiff by name Seshayya executed a will on 18/1/1991. Under the said will, he bequeathed the property an extent of Ac.0.95 cents to the second plaintiff and Ac.0.15 cents in R.S.No.64/1 and Ac.0.23 cents in Rs. No.64/3 and 400 square yards of site to the first plaintiff and Ac.0.28 cents out of Ac.0.43 cents in R.S.No.64/1 to the f