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2006 Supreme(AP) 889

G.V.SEETHAPATHY
Lavu Sri Krishna Rao – Appellant
Versus
Moturi Nagendra Rao – Respondent


JUDGMENT

This is appeal preferred against the judgment and decree dated 24-3-1998 in O.S.No.28 of 1989 on the file of Senior Civil Judge, Anakapalli, wherein the trial Court, while dismissing the suit filed for permanent injunction granted alternatively preliminary decree for partition and separate possession of half share in the plaint schedule property in favour of the plaintiff and allotted the remaining half share to the 4th defendant and allowing the plaintiff to be in possession of three rooms and restraining the defendants from interfering with the plaintiffs possession and enjoyment of the same till a final decree is drawn and the plaintiff is allotted his specific half share.

2. The appellants are the defendants in O.S.No.28 of 1989 on the file of Senior Civil Judge, Anakapalli. The respondent herein filed the said suit for permanent injunction restraining the appellants-defendants from interfering with his possession and enjoyment of the plaint schedule properties comprising 435.6 square yards of site in Survey No. 125/16 and six rooms thereon situate in Aganampudi village, Gajuwaka Mandal.

3. According to the plaintiff, the suit property originally belonged to Pattabhi Rama







































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