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1978 Supreme(AP) 157

CHENNAKESAVA REDDY
Ch. Srinivasa Rao – Appellant
Versus
CB. NARASIMHARAO – Respondent


CHENNAKESAV REDDY, J.

( 1 ) THESE two revision petitions arise out of proceedings in execution in O. S. No. 338 of 1972 on the file of the Court of the Subordinate Judge, vijayawada. Chevaturi Rajyalaksbmi, the plaintiff filed this suit against her wp No. 3261 and 4895 of 1978 dt. 26-6-1979 sons Ch. Narayana Rao and Ch. Sriaivasa Rao, defendants land 2 respectively, for recovery of possession of the plaint Schedule property after ejectiag the defendants therefrom and for past and future mesne profits. The suit was resisted by the defendants. The learned Subordinate Judge decreed the suit for eviction and further directed separate enquiry for ascertaining the mesne profits under Order XX Rule 12 C. P. C. The plaintiff filed an application i. A. No. 650 of 1976 on 4-3-1976 for ascertainment of mesne profits and for a final decree for the amounts found due. Both the defendants preferred appeal to the High Court against the judgment and decree of the trial court and obtained stay of all further proceedings.

( 2 ) PRIOR to the institution of the suit, the plaintiff had executed a registered settlement deed Ex. A-2 dated 21-8-1966 settling the plaint schedule property on her elder son Che















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