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2021 Supreme(SC) 468

L.NAGESWARA RAO, B.R.GAVAI
P. ISHWARI BAI – Appellant
Versus
ANJANI BAI – Respondent


Advocates appeared:
For the Appellant(s) :ATM Rangaramanujam, Gouri Karuna Mohanti, Pawan Kumar, Anu Gupta, Advocates
For the Respondent(s):Prerna Singh, Guntur Prabhakar, Guntur Pramod Kumar, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

1. The Appellant is the 1st Plaintiff in the suit and the Respondent No.1 is Defendant No.1. They are referred to as arrayed in the suit for convenience.

2. The 1st Plaintiff along with her husband Narsoji filed a suit for declaration of title and for recovery of possession. The suit was decreed by a judgment dated 25.04.1986 passed by the Additional Chief Judge, City Civil Court, Hyderabad, declaring the title of the Plaintiffs to the suit house and directing Defendant Nos.1 and 2 to deliver the vacant possession of the suit house. A learned Single Judge of the High Court of Andhra Pradesh reversed the judgment of the Trial Court and dismissed the suit. The Division Bench of the High Court dismissed the LPA filed by the Plaintiffs on 05.08.2008 giving rise to this Appeal.

3. It is relevant to mention that Plaintiff No.2 Narsoji died on 25.07.2008 during the pendency of the LPA before the High Court. Leave was granted to file Appeal by this Court on 14.02.2009. During the pendency of the Appeal in this Court, Defendant No.2 died in the year 2013. On 04.07.2014, Plaintiff No.1 filed an application for bringing the legal representatives of deceased Defenda

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