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2023 Supreme(SC) 375

KRISHNA MURARI, SANJAY KAROL
Gaddipati Divija – Appellant
Versus
Pathuri Samrajyam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Venkateswara Rao Anumolu, AOR Mr. Sunny Kumar, Adv.
For the Respondent(s): Mr. R Santhana Krishnan, Adv. Mr. N K Verma, Adv. Mr. Krishna Kumar Singh, AOR

JUDGMENT :

KRISHNA MURARI, J.

These two appeals are directed against the judgment and final order dated 05.10.2010 passed by the High Court of Andhra Pradesh at Hyderabad (hereinafter referred to as ‘High Court’) in Appeal Suit No. 45 of 2008 filed by Respondent No. 1 herein against the judgment and decree dated 22.08.2007 passed by the Additional Senior Civil Judge, Ongole (hereinafter referred to as ‘Trial Court’) in O.S. No. 142 of 2004; and order dated 10.12.2010 in ASMP No. 2292 of 2010 filed by the Appellants herein, seeking to recall the aforementioned judgment dated 05.10.2010 passed in Appeal Suit No. 45 of 2008.

2. The High Court allowed Appeal Suit No. 45 of 2008 filed by Respondent No. 1 and set aside the judgment and decree dated 22.08.2007 passed by the Trial Court in O.S. No. 142 of 2004, thereby directing the Appellants herein to execute sale deed in favour of Respondent No. 1 herein after receiving balance sale consideration. The subsequent ASMP No. 2292 of 2010 filed by the Appellant herein was dismissed.

BRIEF FACTS:

3. The Appellants in the present case (represented by their maternal grandmother) are the minor children of one G. Venugopala Rao, who died on 13.05.2003

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