DINESH MAHESHWARI, J. - (1.) Introductory and brief outline : This appeal by special leave is directed against the judgment and decree dated 20.03.2009, as passed by the High Court of Judicature for Andhra Pradesh at Hyderabad in AS No. 1887 of 1998 and arises out of a suit for partition and related reliefs, filed by the plaintiff-appellant in the Court of Subordinate Judge, Narasaraopet, Guntur District, Andhra Pradesh, being OS No. 35 of 1980 (old OP No. 106 of 1978).
(2.) Having regard to the circumstances of this case and questions involved, useful it would be to draw a brief outline of the case at the outset. 2.1. In the suit aforesaid, the plaintiff-appellant essentially claimed partition and division of the properties left by her step-mother in four equal shares amongst herself and her three siblings, who were arrayed as defendants 1, 2 and 3; and she also claimed other reliefs, including that of mesne profits against other defendants. The siblings of the plaintiff-appellant did not contest the suit; rather defendants 2 and 3 filed a written statement of admission. 2.2. However, the contesting defendants, led by defendant 4, brother of the step-mother of plaintiff, alleged that the step-mother of plaintiff had sold Item No. 1 of plaint A Schedule properties to defendant 15 under an agreement for sale dated 05.11.1976 (Ex. B-10); and that she had also executed a Will dated 15.06.1978 (Ex. B-9) in favour of her mother and an attendant, defendants 14 and 13 respectively. By way of subsequent pleadings, the plaintiff denied and disputed the alleged agreement for sale as also the alleged Will. 2.3. The suit was decreed by the Trial Court by way of its judgment and decree dated 29.04.1988 with specific findings on the principal issues against defendants. The Trial Court held, inter alia, that both the documents, of the alleged agreement for sale and of the alleged Will (Ex. B-10 and Ex. B-9 respectively), were false and fabricated. 2.4. Two regular appeals were filed in the High Court against the decree of the Trial Court: one being AS No. 1887 of 1988 by defendants 16 to 18, who were on record as legal representatives of the deceased defendant 15 (claiming under the alleged agreement for sale); and another being AS No. 1433 of 1989 by defendants 4, 13 and 14 (claiming under the alleged Will). In both the appeals, the principal contesting respondents were the plaintiff and her siblings (defendants 1 to 3), who were arrayed as respondents 1 to 4. 2.5. During pendency of the appeals in High Court, defendant 2, brother of the plaintiff-appellant (who was respondent 3 in those appeals), expired on 09.05.1989. No steps for substitution of his legal representatives were taken in either of the appeals. Cause-title of the impugned judgment gives out that on 25.04.2006, the appeal filed by defendants 4, 13 and 14 (AS No. 1433 of 1989) was dismissed against the deceased defendant 2. However, no such order appears to have been passed in the other appeal (AS No. 1887 of 1988). 2.6. In the aforesaid appeals, questions relating to the alleged agreement for sale and the alleged Will formed the major points for determination of the High Court. In the impugned common judgment and decree dated 20.03.2009, the High Court has affirmed the findings of the Trial Court in relation to the Will in question and has held that the Will was not valid and was not binding on the plaintiff or defendants 1 to 3. However, the High Court has reversed the findings of the Trial Court in relation to the alleged agreement for sale and has held that the same was binding on the plaintiff and defendants 1 to 3, who were under obligation to execute the sale deed in favour of defendants 16 to 18. In sequel to this, the High Court has also ordered that the property forming the subject matter of the said agreement (Item No. 1 of plaint A Schedule) would not be available for partition and has modified the decree of the Trial Court accordingly. 2.7. Aggrieved by the judgment and decree so passed by the High Court, the plaintiff-appellant has preferred this appeal. Interestingly, in this appeal, the said deceased defendant 2 was arrayed as proforma respondent 5; and after receiving the report of his demise, the applications seeking substitution of his legal representatives and condonation of delay were moved by the plaintiff-appellant, with the submissions, inter alia, that defendant 2 had expired during the proceedings before the High Court and no steps were taken for substitution of his legal representatives in the High Court. However, the applications so moved were dismissed by the Hon'ble Chamber Judge on 16.07.2012.
(3.) The aforesaid had been the position of record when this appeal came up for hearing before us. We have heard learned counsel for the parties in video conferencing and have also permitted them to file their written submissions. Relevant factual and background aspects ;