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2002 Supreme(AP) 1303

V.V.S.RAO
Satyanarayana S. Melkota – Appellant
Versus
State Of A. P. – Respondent


V. V. S. RAO, J.

( 1 ) THE plaintiffs are the appellants. Dr. G. S. Melkote, a freedom fighter initially filed the suit being O. S. No. 603 of 1977 on the file of the Court of the III Additional Judge and later the same was transferred to the Court of the I Additional Chief Judge, City Civil Court, Secunderabad, as O. S. No. 49 of 1980. During the pendency of the suit, Dr. G. S. Melkote (GSM) died and his legal representatives - three sons and two daughters, plaintiffs 2 to 6 were brought on record. The suit was filed for declaration and consequential injunction in respect of the suit schedule property mainly on the ground of adverse possession. The land ad measuring 3250 Sq. yds. bearing Municipal No. 3-5-80/1 situated at Narayanaguda is the suit schedule property. The trial Court dismissed the suit on two grounds, namely, that the plaintiffs failed to prove possession over and above 30 years and that the provisions of Section 80 of the Code of Civil Procedure, 1908 (CPC) were not complied with before filing the suit. In this appeal also, these are the only two points that arise for consideration. Before proceeding any further, it is necessary to briefly refer to the case of the pl































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