JUDGMENT:

1. Plaintiffs before the trial court are the appellants in this appeal filed under section 96 read with order 41 Rule 1 CPC . Three items of immovable property were the subject matter in O.S.194 of 2001 on the file of learned Principal Senior Civil Judge, Nellore. Claiming that the plaint schedule properties were joint family properties, the suit was filed praying for partition and the prayer in the suit reads as below.

“The plaintiff therefore pray for a decree and Judgment in their favour: -

(a) directing the defendants to partition the 1/4th share of the plaintiffs in the plaint schedule properties and put them in separate possession thereof by passing preliminary decree thereof;

(b) passing final decree in pursuance of the preliminary decree, in case of non-compliance by the defendants 1 to 5 herein, through process of the court;

(c) granting costs of this suit; and

d) passing such other and further reliefs that are deeme