Judgment:

This Second Appeal is filed aggrieved against the Judgment and decree in A.S.No.69 of 2008 on the file of VII Additional District & Sessions Judge (Fast Track Court), Vijayawada, dated 03.09.2011, confirming the Judgment and decree in O.S.No.926 of 2003 on the file of III Additional Senior Civil Judge, Vijayawada, dated 12.03.2008.

2. The appellants 1 and 2 herein are the defendants 2 and 3 and the 1st respondent herein is the plaintiff and 2nd respondent herein is the 1st defendant in the O.S.No.926 of 2003 on the file of III Additional Senior Civil Judge, Vijayawada. It is to be noted here that the 2nd appellant died during the pendency of this appeal, as such, the appellants 3 to 5 are brought on record as legal representatives of the deceased 2nd appellant.

3. The plaintiff initiated action in O.S.No.926 of 2003 on the file of III Additional Senior Civil Judge, Vijayawada, with a prayer for partition of the plaint schedule property into two equal shares and allot one such share to the plaintiff and for costs.

4. The learned III Additional Senior Civil Judge, Vijayawada, preliminarily decreed the suit by awarding one half share to the plaintiff. Felt aggrieved of the same,