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2023 Supreme(SC) 435

M. R. SHAH, C. T. RAVIKUMAR
Ramisetty Venkatanna – Appellant
Versus
Nasyam Jamal Saheb – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Anand Sanjay M Nuli, Adv. Mr. Agam Sharma, Adv. Mr. Dharm Singh, Adv. Mr. Suraj Kaushik, Adv. Mr. Nanda Kumar K.b, Adv. Ms. Akhila Wali, Adv. Ms. Nandini Pandey, Adv. Mr. Shiva Swaroop, Adv. M/S. Nuli & Nuli, AOR
For the Respondent(s): Mr. B Adinarayana Rao, Sr. Adv. Ms. Tatini Basu, AOR Mr. Kumar Shashank, Adv. Ms. Shreshta Ragasandesh, AOR Mr. Gurudatta Ankolekar, Adv. Mr. Korada Pramod Kumar, Adv.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Andhra Pradesh at Amaravati in Revision Petition (CRP) No. 179/2021, by which, the High Court has dismissed the said revision petition and has affirmed the order passed by the learned Trial Court dismissing/rejecting the application submitted by the appellants herein – original defendant Nos. 9 & 10 under Order VII Rule XI of CPC, the original defendant Nos. 9 & 10 have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under: -

2.1 That one Nasyam Jamal Saheb was the owner of 4 acres 16 cents of land in Survey No. 700/A7B and Survey No. 706/A9 of Nandyal Town and Mandal, Kurnool District, Andhra Pradesh, and several other properties. After the demise of Nasyam Jamal Saheb, his five children namely, 1) Nasyam Jafar Saheb; 2) Nasyam Dasthagiri Saheb; 3) Nasyam Ibrahim Saheb; 4) Sarambee; and 5) Jainabee got partitioned the properties of their father (including 4 acres 16 cents) under a registered partition deed dated 11.03.1953. The predecessor in interest of plaintiffs N. Ibrahim Saheb got 1 acre and predecessor in in


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