JUDGMENT :

(V. Gopala Krishna Rao, J.)

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 31.07.2000, in O.S. No.4 of1999 passed by the learned Senior Civil Judge, Narsipatnam [for short ‘the trial Court’]. The Respondents herein are the plaintiffs in the said Suit.

2. The respondents/plaintiffs filed the Suit in O.S.No.4 of 1999 for partition of ABC schedule properties into 12 equal shares and to allot seven such shares to the plaintiffs and put them in possession of such 7 shares and for grant of future profits and for costs.

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.4 of 1999, are as under:

Late Kolli Kannamanaidu, undivided son of the defendants 1 and 2, married the first plaintiff about 10 years back at Kotha Thutipala as per Hindu Law and caste custom, immediately after marriage, the marriage was consummated and since then the first plaintiff lived with her husband and lead marital life till about 7 years. The defendants 1 and 2, the fourth defendant i.e., da