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1997 Supreme(AP) 1143

B.K.SOMASEKHARA
Akkarayoyina Apparao – Appellant
Versus
Korad Ammoru – Respondent


B. K. SOMASEKHARA, J.

( 1 ) THE judgment and decree of I Additional District Judge, Visakhapatnam in A. S. No. 20 of 1990 dated 14-7-1995 confirming the judgment and decree passed on 25-7-1989 by the Principal Subordinate Judge, Visakhapatnam in o. S. No. 35 of 1982 are in challenge in this Second Appeal.

( 2 ) THE appellant claims to be the plaintiff in the suit having been brought on record on the death of the original plaintiff Korada Appamma whereas the respondents are the defendants in the suit. The suit was filed for partition and separate possession of the alleged one-half or 1/12th share of the plaintiff in plaint a and b schedule properties. The suit for partition was resisted by the defendants. The following issues were tried by the trial Court. " (1) Whether Gangulu died in the year 1955 as pleaded by the plaintiff or after the year 1957, as pleaded by the defendants ? (2) Whether the plaint A and B schedule properties are correct ? (3) Whether the 1st defendant contracted the debts, a list of which is given in the written statement and whether they are binding on the plaintiff and the defendants ? (4) To what share is the plaintiff entitled ? (5) Whether the suit sch





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