THE HON’BLE SRI JUSTICE A. GOPAL REDDY SECOND APPEAL No. 626 OF 2010 Date: 29-10-2011 Between Smt. Kosanam Anasuya and three others …..Appellants And Smt. Tanniru Venkata Mani and another …..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY SECOND APPEAL No. 626 OF 2010 ORDER: This second appeal by the defendants is against the judgment and decree dated 03-06-2010 passed by the learned VI Additional District and Sessions Judge (Fast Track Court), Vijayawada allowing A.S No. 188 of 2009 and decreeing the suit O.S No. 133 of 2007 on the file of the learned I Additional Senior Civil Judge, Vijayawada filed for partition and separate possession of the suit schedule property. The trail Court dismissed the suit holding that late Venkateswara Rao, father of the plaintiffs under Exs.A-2 and A-3 registration extracts of sale deeds allotted the share of the plaintiffs in the family partition. The lower appellate Court on considering the said registration extracts executed by the father of the plaintiffs in favour of the plaintiffs observed that there is no recital in Exs.A-2 and A-3 that the property covered under Exs.A-2 and A-3 was given towards their share in the family property and, therefore, the version of the appellants – defendants that it was given towards their share is entirely contrary to the recitals of the documents and in view of the provisions of Sections 91 and 92 of the Indian Evidence Act, the parol evidence against the recitals of the documents cannot be permitted. The lower appellate Court also observed that the trial Court erred in dismissing the suit taking into consideration Exs.A-2 and A-3 and the oral evidence of defendants 1 and 2 about the oral partition during the life time of late Venkateswara Rao and rightly dismissed the appeal decreeing the suit. No question of law arises for consideration in the second appeal. Further, it is now represented that pursuant to the preliminary decree, I.A No. 45 of 2011 was filed for passing a final decree in which final decree was passed on 08-042011 and A.S No. 154 of 2011 filed against the said final decree was also dismissed on 18-10-2011. On passing of final decree, E.P No. 97 of 2011 was filed for partition and delivery of the suit schedule property which was closed on affecting delivery. In the circumstances, nothing survives for adjudication in the second appeal and it has become infructuous. The second appeal is accordingly dismissed as infructuous. A. GOPAL REDDY, J 29-10-2011 ks