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2006 Supreme(AP) 855

L.NARASIMHA REDDY
Damodar Reddy (died) per LRs. – Appellant
Versus
M. Mohan Reddy – Respondent


JUDGMENT

Shiva Reddy and Chandra Reddi were two brothers, Shiva Reddy died, leaving behind him his son Damodar Reddy. When he was aged 19 years, Damodar Reddy filed a suit being O.S. No. 104/1/1358 Fasli, in the Court of II Additional Judge, City Civil Court, Hyderabad, against his paternal uncle, Ranga Reddy, and his sons for partition of the suit schedule lands. The suit was presented on 06-06-1947. Two months and a week thereafter, the country got independence and it was partitioned. About a decade thereafter, the State in which the suit was filed; was trifurcated. Few decades thence the District in which the suit was pending, was bifurcated. The original plaintiff and the 1st defendant died. Even after six decades, the properties remained unpartitioned. It would tell, either upon the perseverance of the parties, or defect in the system, or partly both.

2. O.S. No. 104/1/1358 Fasli was renumbered as O.S. No. 27/1 of 1955. A preliminary decree was passed in the year 1955. C.C.C.A. No. 3 of 1963 was filed before this Court against the preliminary decree. The appeal was allowed and the matter was remanded to the trial Court. Thereafter, the suit was re-numbered as O.S. No. 50 of 1965



































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