IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY , THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN :PRESENT: THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO AS .NO:274 of 1992 Appeal under section 96 of C.P.C. against the judgment and decree dated 18-11-1991 in O.S. No. 81 of 1986 On the file of the court of the Sub-ordinate Judge, Kothagudem. Between: 1 Pentham Ali Khan S/o not known 2 Rahim Khan S/o Pentham Ali Khan 3 Khaza S/o Pentham Ali Khan 4 Nazir S/o Pentham Ali Khan 5 Nasif S/o Pentham Ali Khan ..... Petitioners AND 1 Pasumarthi Venkateswarlu S/o Venkaiah , R/o Vijayawada ( Regd. Address: Proprietor, R/o Hanuman Medical Stores, Durga Agraharam, Eluru Road, Vijayawada 2 Pasumarthi Krishna Murthy, died per L.R's S/o Venkaiah ( Respondents 3 to 5) 3 P. Ramulu, S/o. P. Krishna Murthy, 4 P. Suresh, S/o. P. Krishna Murthy, 5 P. Subrahmanyam, S/o. P. Krishna Murthy, ( R.Rs. 3 to 5 are R/o. Ibrahimpatnam, Vijayawada (M), Krishna District. (RR 3 to 5 are residents of Ibrahimpatnam, Vijayawada Mandal, Krishna District. ( RR 3 to 5 brought on record as LR's of the deceased R2 as per Court Order dated 19-4-2007 in ASMP No. 786/2007) .....Respondents Counsel for the Appellant: Sri P.V. Rajasekher, Advocate P.V.R. Sharma Counsel f or the Respondents: Sri N.V. Jagannath The Court made the following. ORDER Sd/- C.V. Ramakrishnaiah Joint Registrar. //TRUE COPY// Section Officer. To:- 1. The Subordinate Judge, Kothagudem, Khammam District ( With records ). 2. One C.C. to Sri P.V. Rajasekhar, Sri P.V.R. Sharma Advocate (OPUC). 3. One C.C. to Sri N.V. Jagannath Advocate (OPUC). 4. 2 C.D. copies. Ags HIGH COURT NRLN J Dt: 07/02/2011 JUDGMENT A.S. NO. 274 of 1992 Appeal is allowed And without costs. IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY , THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN :PRESENT: HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO AS .NO:274 of 1992 1 Pentham Ali Khan null 2 Rahim Khan S/o Pentham Ali Khan 3 Khaza S/o Pentham Ali Khan 4 Nazir S/o Pentham Ali Khan 5 Nasif S/o Pentham Ali Khan ..... Petitioners AND 2 Pasumarthi Venkateswarlu S/o Venkaiah , R/o Vijayawada ( Regd. Address: Proprietor, R/o Hanuman Medical Stores, Durga Agraharam, Eluru Road, Vijayawada 2 Pasumarthi Krishna Murthy, died per L.R's S/o Venkaiah ( Respondents 3 to 5) 3 P. Ramulu, S/o. P. Krishna Murthy, 4 P. Suresh, S/o. P. Krishna Murthy, 5 P. Subrahmanyam, S/o. P. Krishna Murthy, ( R.Rs. 3 to 5 are R/o. Ibrahimpatnam, Vijayawada (M), Krishna District. (RR 3 to 5 are residents of Ibrahimpatnam, Vijayawada Mandal, Krishna District. ( RR 3 to 5 brought on record as LR's of the deceased R2 as per Court Order dated 19-4-2007 in ASMP No. 786/2007) .....Respondents Appeal under section 96 of C.P.C. against the decree dated 18-11-1991 of the court of the Sub-ordinate Judge, Kothagudem in Original Suit No. 81 of 1986. The Appeal coming on for hearing, upon perusing the Memorandum of grounds filed in the Appeal, the judgment and Decree of the Lower Court and the record in the case and upon hearing the arguments of Sri P.V. Rajasekhar and Sri P.V.R Sharma Advocate for the Appellants and of Sri N.V. Jagannath Advocate for the Respondents. The Court while allowing the appeal doth order and decree as follows:- 1. That the properties shall be divided into two parts 2. That one part shall be allotted to the plaintiff and another to the first defendant since as per equity half of item No. 1 was allotted to the defendant No. 2 to 6 and towards the other part of share of the first defendant; 3. That the total item No. 1 shall be allotted to the defendant Nos. 2 to 6 , item No. 2 shall be allotted to the plaintiff; 4. That if the parties are not agreeable the lower court in the final decree proceedings can be determine the equities; and 5. That there will be no order as to costs in this Appeal. Sd/- C.V. Ramakrishnaiah Joint Registrar. //TRUE COPY// Section Officer. To:- 1. The Subordinate Judge, Kothagudem, Khammam District ( With records ). 2. 2 C.D. copies. Ags HIGH COURT NRLN J Dt: 07/02/2011 DECREE A.S. NO. 274 of 1992 Appeal is allowed And without costs.