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1999 Supreme(AP) 699

ELIPE DHARMA RAO
Thumati Varamma – Appellant
Versus
Thumati Rambhotlu – Respondent


ELIPE DHARMA RAO, J.

( 1 ) THIS appeal is filed against the judgment and decree dated 26-10-1992 in AS No. 41 of 1992 on the file of the District Judge, Ongole, which was filed aggrieved by the judgment and decree dated 15-6-1992 in OS No. 672 of 1987 on the file of the I Additional District Munsif, Ongole. The learned District Judge, while allowing the appeal without costs, set aside the judgment and decree of the learned District Munsif and remanded the matter for fresh disposal, framing issues which are the points mentioned in his judgment, which is impugned in this Miscellaneous Appeal.

( 2 ) THE brief facts leading to the filing of the suit lies in a narrow compass as under:- The defendants, respondents herein, are distantly related to the plaintiff, the appellant herein. The plaintiff purchased suit schedule property from Y. Chandrahasa Rao, under registered sale deed dated 24-2-1987 and ever since the purchase, the plaintiff was in peaceful possession and enjoyment of the schedule property. The plaintiff purchased the land shown in plaint schedule as items 1 and 2. It is averred that in item No. 2, the plaintiffs vendor raised casurina plantations and along with casurina plan













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