This is an application for leave to appeal to the Supreme Court of India against the decree and judgment of this Court in A.S. No. 2 of 1947, dated 24th August, 1951. The petitioners are defendants 1 to 4 in O.S. No.47 of 1945 on the file of the Court of the Subordinate Judge of Kakinada. The suit was instituted by the eighth respondent for partition of certain items of immovable property and for delivery of possession to him of a fourth share in the first item and a half share in the second and third items. The petitioners supported the plaintiff’s claim. The first petitioner claimed for himself a fourth share in item 1 and a half share in items 2 and 3, while petitioners 2 to 4. claimed a 12th share in the first item alone. The contesting defendants were defendants 5 to 11. The Subordinate Judge passed a preliminary decree for partition, but on appeal by defendants 5 to 11 this Court reversed the decision of the Court below and dismissed the suit in toto.

When this application originally came on before Satyanarayana Rao and Chandra Reddi, JJ., who had disposed of the appeal it was found that the value of the subject-matter of the suit was over Rs.10,000 but less t