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1991 Supreme(AP) 524

V.NEELADRI RAO
Siddavatam Mohan Reddy – Appellant
Versus
P. Chinnaswamy – Respondent


V. NEELADRI RAO, J.

( 1 ) THE petitioner in I. A. No. 1281 of 1986 in I. A. No. 1144 of 1983 in O. S. No. 190 of 1971, Principal Sub-Court, Tirupati is the revision petitioner. R-2 herein filed o. S. N0. 37 of 1970, Sub-Court, Chittoor (re-numbered as O. S. No. 190 of 1971 on the file of the principal Sub-Court, Tirupati) for partition of the plaint schedule property into four equal shares and for allotment of one such share to her and for separate possession of the same. She alleged that her two brothers and her deceased sister Kuppamma are the heirs of their mother Laxmakka who owned the plaint schedule property. Her plea was accepted and preliminary decree was passed declaring that plaintiff and her brothers are entitled to 1/4 th share each and D-3 to D-5, the children of her deceased sister are entitled to the remaining 1/4th share. It was confirmed in the appeal. In 1983, i. e. , after the passing of the preliminary decree, D-3 died. Without bringing the L. Rs. of d-3 on record, I. A. No. 1144 of 1983 was filed for passing the final decree. On 25-4-1986, the final decree was passed. I. A. No. 1281 of 1986 was filed by the revision petitioner by contending inter alia that the f


















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