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2006 Supreme(AP) 1246

L.NARASIMHA REDDY
MAddineni Koteswara Rao – Appellant
Versus
Maddineni bhaskara Rao – Respondent


ORDER

The petitioner and respondents 1 and 2 are brothers. Against his father and two brothers, the petitioner filed O.S.No.197 of 1978 in the Court of Principal Senior Civil Judge, Vijayawada, for partition of suit schedule property. A preliminary decree was passed on 1-10-1986, directing that the suit schedule property shall be divided into four equal shares and each one of the parties shall be allotted one share. A.S.No.2879 of 1986, filed against the preliminary decree before this Court, was dismissed, and L.P.A.No.154 of 1997 was also rejected.

2. After the preliminary decree became final, the petitioner filed I.A.No.1161 of 1998, with a request to pass final decree. An Advocate and an Engineer were appointed by the trial Court as Commissioners, to undertake division of the suit schedule property into four equal shares. The father of the parties herein, by name Veera Raghavaiah, died on 17-1-1985, even when the suit was pending. The first respondent claimed that his father executed a registered Will, dated 21-3-1984, bequeathing his entire share to him, and in that view of the matter, he is entitled to be allotted two shares. The petitioner opposed the same and took the plea tha














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