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1997 Supreme(AP) 109

R.BAYAPU REDDY
Tandra Satyanarayana Rao – Appellant
Versus
Tandra Paparao – Respondent


R. BAYAPU REDDY, J.

( 1 ) THIS revision petition is filed questioning the orders of the I Addl. District munsif, Rajahmundry dated 5-11-1992 dismissing I. A. No. 1182/91 in O. S. No. 1204/1973 which was filed for amendment of the Judgment and preliminary decree passed in the suit.

( 2 ) THE plaintiff in the suit O. S. 1204/73 who is the brother of the present petitioner, had filed the said suit seeking partition and separate possession of his 1/5th share in the plaint schedule properties against the present petitioner who was the second defendant in the suit and some other defendants. The petitioner contested the suit contending that he is also entitled for 1/5th share in the suit properties. The said suit was disposed of on 24-10-1981 passing a preliminary decree. It was directed in the said decree that the plaintiff is entitled to 1/5th share in items 1 to 4 and some other items in A-Schedule and 1 /6th share in some other items of A and B Schedules. Under issue No. 6 framed in the suit, it was found by the trial Court that the petitioner herein is also entitled for 1/5th share in items 1 to 4 of plaint A-Schedule. But in the operative portion of the Judgment there was no mention







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