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1961 Supreme(AP) 198

JAGMOHAN REDDY, P.CHANDRA REDDY
Yerramilli Satyanandan – Appellant
Versus
Yerramilli Pudra Raju – Respondent


REDDY, C. J.

( 1 ) THE subject matter of all these appeals is a final decree which was put in execution by respondent 1, the decree-holder.

( 2 ) THE circumstances culminating in these appeals may be briefly stated. The first respondent laid an action for partition and separate possession of his properties in O. S. No. 51 of 1939 on the file of the Subordinate Judges Court, Amalapuram. A preliminary decree was passed on 26-2-1941. Appeals were preferred to the High Court of Madras in A. S. Nos. 118 and 248 of 1941 against this preliminary decree which ultimately ended in a compromise and a preliminary decree dated 8-4-1943 was passed in terms of the memorandum of compromise filed by the parties. Pursuant to this com-promise, the plaintiff filed a petition for the appointment of a commissioner to divide the out standings due to the family as per the schedule attached to the com-promise decree and the Court appointed a Commissioner, who submitted a report dividing the out standings. After hearing the objections of the parties, a final decree was passed by the trial Court on 13-8-1947. Among the several directions was the one embodied in Clause 3 of the final decree enabling the plain

















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