Jagannadha Rao vs Y. Subba Rao - 1983 Supreme(AP) 188

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1983 Supreme(AP) 188

P.RAMACHANDRA RAJU
Jagannadha Rao – Appellant
Versus
Y. Subba Rao – Respondent

JAGANNADHA RAO, J.

( 1 ) THIS is an assignee-decreeholders appeal preferred under Order 21, rule 103, C. P. C. (as amended) against an order made by the learned 5th Additional judge, City Civil Court, Hyd. in e A No. 60/82 filed under Order 21, Rule 97, C P C. in E P No. 6/80 in 0 S No. 121/70. while allowing E A No. 60/82, the trial Judge considered it. a fit case in which a surveyor should be sent to demarcate S No. 148 and also S Nos. 150/1 and 2 after showing the boundaries by the surveyor of s No. 148 with the aid of the village plan of Shaikpet village, the possession of the schedule mentioned property in s No. 148 is to be given to the decree holders by removing any obstruction in it. I feel in the circumstances the petition is to be allowed, ordering the surveyor to demarcate S No. 150/1 and 2 and also S No. 148 and show the boundaries to the bailiff. "

( 2 ) THE main grievance of the assignee-decree-holders is that though E. A. No. 60/82 was allowed in their favour, the aforesaid directions given by the learned trail Judge have

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