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1965 Supreme(AP) 72

ANANTA NARAYANA AYYAR
Veluri Sitaramasastry – Appellant
Versus
Isukapalli Sundaramma – Respondent


ANANTANARAYANA AYYAR, J.

( 1 ) VELURI Gopalakrishna Murthy filed O. S. No. 17 of 1948 in the Court of the Principal Subordinate Judge, Eluru praying for partition of plaint Schedule properties and for separate possession of his share. His brother, Veluri Seetharama Sastry, filed O. S. No. 18 of 1948 for partition and for separate possession of his share. Each of them asked for share out of joint family property which originally belonged to the joint family of their father. V. Buchanna Sastry (V. B. S.) and three sons including the two plaintiffs. The learned Subordinate Judge tried the two suits together and awarded a decree regarding certain items. Krishnarnurty filed A. S. No. 105 of 1953 and Seetharama Sastry filed A. S. No. 180 of 1953 in the District Court, West Godavari. The learned Additional District Judge, West Godavari heard the two appeals together and passed a common judgment in which he held that the alienations under two documents (Exs. B. 20 and B. 19) regarding item 9 in the B schedule in O. S. No. 17 of 1948 (which is item 6 in plaint B schedule in O. S. No. 18 of 1948) were not valid and binding on the plaintiffs and he awarded a decree for partition and for separ























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