Common Judgment:

The relief claimed in O.S.No.157 of 1946 is for partition of the suit schedule property.

2. Both these interlocutory applications in the aforesaid suits are clubbed and a common order is passed by the trial Court on 16-3-2001 against which, the appeals in A.S.No.2110 of 2002 and Transfer A.S.No.903 of 2008 are filed. Therefore, both these appeals are clubbed and a common judgment is being pronounced in both these appeals.

3. Both parties in the appeals are referred to as they are arrayed in the interlocutory applications.

4. The undisputed facts are that the petitioners are the plaintiffs in both the above suit proceedings. Both the suits O.S.No.89 of 1947 and O.S.No.157 of 1946 are filed by the petitioners/plaintiffs for partition of the suit schedule property, as stated supra. On contest, both the suits were preliminarily decreed by the trial Court and against the preliminary decree in O.S.No.157 of 1946, an appeal was filed vide A.S.No.220 of 1949 on the file of District Court, Nellore, by the 1 st defendant and his sons and the said appeal was also dismissed by confirming the judgment and decree passed by the trial Court in O.S.No.157 of 1946. The respondents here