IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.397 of 2010 Between: Pasupuleti Prasada Rao and 5 others ..... APPELLANTS/DEFENDANTS AND Balla Sanjeeva Rao and another .....RESPONDENTS/PLAINTIFFS The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.397 of 2010 JUDGMENT: The appellants are the defendants in the suit filed by the respondents for partition of the joint family properties. The said suit O.S.974/2002 on the file of the IV Additional Senior Civil Judge (FTC), Visakhapatnam was decreed preliminarily holding that the suit schedule property be divided into two equal shares and the plaintiffs are entitled to one such share and also entitled to Rs.4,750/- from the defendants for the past rents from November 2001 to September 2002, and with regard to future profits are concerned, the plaintiffs are given liberty to file a separate application under Or.20 Rule-12 CPC. Aggrieved by the said judgment and decree dated 28.08.2006 passed in O.S.974/2002 by the IV Addl.Senior Civil Judge (FTC) Visakhapatnam, the defendants filed appeal in A.S.295/2006 on the file of the IV Additional District Judge, Visakhapatnam. Pending disposal of the appeal, the defendants also filed I.A.1379/2008 for production of certain documents and the said application was also considered while disposing of the main appeal, holding that there are no grounds to receive the documents by way of additional evidence. The learned counsel for the appellants submits that I.A.1379/2008 ought to have disposed of prior to disposal of the main appeal and non- disposal of the said application before disposal of the main appeal would lead to miscarriage of justice. I am of the opinion that in view of the latest judgments of the Hon’ble Supreme Court, when an application filed under Or.41 Rule-27 CPC in a pending appeal, the said application may be disposed of along with the main appeal. Therefore, it cannot be said that any prejudice is caused to the appellants in dismissing the said application while considering the main appeal itself. In view of the concurrent findings of both the Courts below, I do not see any question of law, much less substantial questions of law that arises for consideration in this second appeal. The Second Appeal is dismissed at the stage of admission. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 29.01.2011 Dsr