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2004 Supreme(AP) 8

B.S.A.SWAMY
D. Padmanabha Reddy (Died) Per L. Rs. – Appellant
Versus
G. Anasuya – Respondent


B. S. A. SWAMY, J.

( 1 ) THE defendant in O. S. No. 207 of 1978 on the file of Principal Subordinate Judge, tirupathi is the appellant herein. Aggrieved by the judgment and decree of the District judge, Chittoor in A. S. No. 163 of 1991, dated 13-2-1996 decreeing the suit filed by the respondent herein for partition of the properties and allotting 1/6th share to the respondent by reversing the judgment of the trial Court dismissing the suit, this second appeal has been preferred.

( 2 ) G. Anasuya, the plaintiff, g. Padmanabha Reddy, the defendant No. 1 and Savithramma-defendant No. 3 are the children of one late Narasimha Reddy who is the husband of second defendant-Rajamma. That Narsimha Reddy died intestate seven years before filing of the suit i. e. in the year 1970. Thereafter, plaintiff got issued a legal notice-Ex. A-1 on 28-10-1977 claiming partition of the family properties and allotment of 1/8th share to her and that the defendant No. 1 sent a reply notice-Ex. A-3 dated 10-11-1977 stating that the properties were bequeathed by his late father Narsimha reddy by executing an unregistered Will. Hence, she is not entitled for any share in the property. The plaintiff initially t

























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