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1997 Supreme(SC) 23

G.B.PATTANAIK, G.N.RAY
Gorie Gouri Naidu (Minor) – Appellant
Versus
Thandrothu Bodemma – Respondent


ORDER

This appeal is directed against the judgment dated 13th March, 1986 passed by the Division Bench of the Andhra Pradesh High Court in Letters Patent Appeal No. 134 of 1980. The said Letters Patent Appeal arose out of the judgment dated 23rd April, 1979 in A.S. No.29 of 1977.

2. The appellants before this Court are the heirs of the defendant No. 4 in O.S. No. 10 of 1973 filed in the Court of the learned Single Judge Parvathi Puram by the respondent M. Thandrothu Bodemma. The said suit was filed by the aforesaid plaintiff for partition and separate possession of her half share in the A and F Schedule of the plaintiff property alongwith past and future profits. Such suit was dismissed by the learned Subordinate Judge but the appeal preferred before the High Court being appeal No. 514 of 1968 was allowed by the High Court and the plaintiff thereafter preferred appeal No. 29 of 1977 before the Andhra Pradesh High Court. Such appeal was also dismissed by the High Court inter alia holding that parties to the family settlement were estopped from challenging the validity of such deed when being partitioned, they had derived benefits by the said family settlement. The plaintiff thereafter




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