THE HON’BLE SRI JUSTICE V. ESWARAIAH SECOND APPEAL No.772 OF 2008 Date:20.01.2011 Between: Kundarapu Pydanna and another .. Petitioners And Kundarapu Demullu @ Demudu (died) And others .. Respondents ORDER: The appellants filed claim petition in E.A.No.54 of 2006 in E.P.No.175 of 2004 in O.S.No.208 of 1994 on the file of the Principal Junior Civil Judge, Yelamanchili, claiming independent right and title in respect of schedule property of the deceased. Through its order, dated 27.07.2007, the trial Court dismissed the said E.A. Against which the appellants filed A.S.No.12 of 2007 on the file of the Senior Civil Judge, Yelamanchili. The lower appellate Court by impugned order, dated 27.03.2008, dismissed the said A.S. Hence, this Second Appeal. Heard learned counsel for the appellants. A perusal of the affidavit filed by the appellants in the trial Court as well as in the lower appellate Court, it is seen that the appellants failed to establish their case and therefore there is no other way to the trial Court and to the lower appellate Court, except to dismiss the E.A. and the Appeal. The learned counsel appearing for the appellants fairly submitted that in view of the concurrent finding, the appeal may be disposed of granting liberty to them to file a suit for declaration of their right and title in the suit schedule property. Therefore, I do not find any substantial question of law, in this second appeal. The appellants may work out their remedies as observed by the trial Court. Hence, the second appeal is liable to be dismissed and is accordingly dismissed. There shall be no order as to costs. ___________________ V. ESWARAIAH, J Date: 20.01.2011 KH