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2000 Supreme(AP) 427

VAMAN RAO
Meka Chinnappa Reddy – Appellant
Versus
Meka Pulla Reddy – Respondent


VAMAN RAO, J.

( 1 ) HEARD both sides.

( 2 ) THIS civil revision petition is directed against the order dated 26-8-1999 passed in i. A. No. 822 of 1998 in O. S. No. 170 of 1986 on the file of the Principal Junior Civil judge, Kadiri under which a petition filed on behalf of the defendants (petitioners herein) in the suit praying for dismissal of the suit as a whole as having abated on the ground that one of the plaintiffs died was dismissed.

( 3 ) THE facts in nutshell necessary for the purpose of this petition may be stated as follows:plaintiffs 1 and 2 filed the suit for perpetual injunction restraining the defendants from interfering with the possession and enjoyment of the plaintiffs over the suit property. Evidently, the plaintiffs claim that they are in joint possession of the suit properties. The defendants set up a plea that they are the joint-owners of the property and disputed the claim of the plaintiffs. During the pendency of the proceedings, the plaintiff no. 2 died and no steps were taken for bringing legal representatives of plaintiff no. 2 on record. The trial Court had recorded on 4-12-97 that the suit in respect of plaintiff No. 2 has abated. Subsequently, a petitio






















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