COMMON JUDGMENT:

The regular appeals in A.S.Nos.1412 of 1998 and 1479 of 1999 under Section 96 Code of Civil Procedure are directed against the decree and judgment in O.S.No.125 of 1986 dated 16.04.1998 on the file of the Court of learned I Additional Senior Civil Judge at Kakinada.

2. The appeal in A.S.No.769 of 2009 under Section 96 Code of Civil of Civil Procedure is directed against the order in I.A.No.136 of 2000 in O.S.No.125 of 1986 dated 31.08.2009 on the file of the Court of learned I Additional Senior Civil Judge at Kakinada (hereinafter referred to as “Trial Court”).

3. The plaintiff, before the Trial Court, is the appellant in A.S.Nos.1479 of 1999 and 769 of 2009 as well the defendant Nos.8, 13 to 19, before the Trial Court, are the appellants in A.S.No.1412 of 1998.

4. During the pendency of the appeal in A.S.No.1412 of 1998, the appellant No.1/defendant No.8 died and her legal representatives were added as appellant Nos.9 to 13 vide order dated 14.03.2000 in C.M.P.Nos.3988, 3989 and 3990 of 2000.

5. The appellant in A.S.Nos.1479 of 1999 and 769 of 2009 instituted the suit for partition of plaint A schedule item Nos.1 to 4 and B schedule properties into 18 equal shares, for