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1989 Supreme(AP) 288

K.A.SWAMI, S.S.M.QUADRI
Rahmat Bee. Petitioners. – Appellant
Versus
Maqbool Banu – Respondent


ARNARESWARI, J.

( 1 ) 3. This Civil Revision Petition is filed against the order of the learned subordinate Judge, Adorn, Kurnool District in 1 A. No. 328 of 1983 in o. S. No. 8 of 1961.

( 2 ) THE suit was filed by the sole plaintiff for partition of theplaint schedule properties and for separate possession of her 1/3 share. The trial Court decreed the suit after overruling the objections of the defendants and passed a preliminary decree. The defendants carried the matter in appeal. By Judgment dated 26-9-1967 the Appellate Court modified the decree and declared the shares of the plaintiffs as well as the defendants. The plaintiff was held to be entitled to 64/384th share. Similarly, the share of each of the defendants was specified. The present petitioner who is the 10th defendant in the suit was given 4/384th share in b schedule business and in the properties of the c and f schedules other than the properties of c in Ex. B. 25 and Ex B, 26 of f schedule The 10th defendant thereafter filed I. A. No. 328 of 1983 for appointing a Commissioner to divide the properties and allot his share as per the decree.

( 3 ) THE petition was resisted by the Legal Representatives of Defend














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