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2010 Supreme(SC) 573

T.S.THAKUR, MARKANDEY KATJU
Thota Ganga Laxmi – Appellant
Versus
Government of Andhra Pradesh – Respondent


Judgment

1. Heard learned counsel for the appearing parties.

2. This Appeal has been filed against the impugned order of the Andhra Pradesh High Court dated 08th November, 2006 passed in Writ Petition NO.8518 of 2006, whereby the High Court has dismissed the Writ Petition relying upon a Full Bench judgment of the same High Court in the case of Yanala Malleshwari & Ors. V. Ananthula Sayamma & Ors. Reported in (AIR 2007 A.P. 57 (F.B.) = 2006 (6) ALT 523 (F.B.).

3. It appears that the father of the appellants purchased the plot in question from respondent No.4 by a registered sale deed dated 21st June, 1983 and since then the appellants have been in possession and enjoyment of the said property. Subsequently, it appears that the fourth respondent purported to get the said sale deed cancelled unilaterally, executing the cancellation deed dated 4.8.2005 and the same was registered by the third respondent without any notice to the appellants.

4. A Writ Petition was filed seeking declaration that the cancellation deed is illegal and that has been disposed of by the impugned judgment holding that the appellants should approach the civil court.

5. In our opinion, there was no need for the ap










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