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1973 Supreme(AP) 28

VISWANATHA SASTRY
Kalkonda Pandu Rangaiah – Appellant
Versus
Kalkonda Krishnaiah – Respondent


VISWANATHA SASTRY, J.

( 1 ) THIS is an application for direction to amend the decree in A. S. No. 462 of 1963 arising out of O. S. 18 of 1957 in the following circumstances. The petitioner herein filed the suit O. S. No. 18 of 1957 on the file of the Sub Court. Mahaboobnagar for partition of joint family properties into two shares and for allotment of one such share to him. He appended to his plaint details of properties mentioned in A. B. and C. Schedules. On 23-4-1959 in preliminary decree was passed in his favour for half the suit properties and for past mesne profits for six years and an enquiry into future mesne profits was directed. Defendants 1 and 2 carried the matter in a appeal A. S. No. 257 of 1959. The said appeal was dismissed except to the extent of past mesne profits for six years and only future profits were granted in that appeal.

( 2 ) THEREAFTER the plaintiff filed an application I. A. No. 112 of 1963 in the lower Court for passing final decree. By that time it was discovered that some mistakes have crept into the schedule of lands appended to the plaint. Schedule. A comprises of 10 survey number. Item No. 5 therein was shown as survey No. 265 measuring Ac. 5-23 G
























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