JUDGMENT :

J. SREENIVAS RAO, J.

Defendant No.4 in O.S. No.64 of 2009 filed CCCA No.47 of 2021 questioning the common judgment and decree dated 10.03.2021 passed in O.S.No.164 of 2005 & O.S. No.64 of 2009 on the file of II Addl. Chief Judge, City Civil Court, Hyderabad.

2. For the sake of convenience, hereinafter the parties are referred to as they were arrayed in O.S. No.64 of 2009 and O.S. No.164 of 2005.

CCCA No.47 of 2021 :

3. Respondent Nos.1 and 2 who are the plaintiffs filed suit O.S.No.64 of 2009 against the appellant/defendant No.4, respondents 3 to 8/defendants 1 to 3 and 5 to 7

(a) for seeking partition of the suit schedule property i.e. House bearing Municipal No.3-6-19, admeasuring 3000 square yards, situated at Himyatnagar, Hyderabad into five shares and allot one such share of the same to the plaintiffs and also future mesne profits.

(b) to pass Final Decree in accordance with the preliminary decree by appointing an Advocate Commissioner for division of plaint schedule properties and allot 1/5th share and allotment of respective shares and possession, be delivered to the plaintiff No.2 in respect of the plaint schedule property.

(c) To direct the defendants 1 to 7 to deposit