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2007 Supreme(AP) 284

T.CH.SURYA RAO
Movva Tirupathaiah – Appellant
Versus
Movva Shivaji Rao – Respondent


Advocates Appeared: For the Appellant:A.K. Narasimha Rao, Advocate. For the Respondents:T.S. Anand Advocate.

Judgment :-

Inasmuch as these appeals emanate from the common judgment dated 16.11.1989 and as the parties are same, they can be disposed of together.

The common judgment and decrees dated 16.11.1989 in O.S.Nos.30 and 52 of 1984 passed by the learned Subordinate Judge, Gudivada are now sought to be assailed in the instant appeals. The judgment and decree passed in I.A.No.262 of 1992 in O.S.No.52 of 1984 awarding future profits is now being assailed in A.S.No.2315 of 1993.

The facts lie in a narrow compass. O.S.No.30 of 1984 was filed seeking specific performance of the suit agreement of sale dated 1.6.1977 against the sole defendant by name Smt. Movva Naga Siromani. O.S.No.52 of 1984 was filed by the said Movva Naga Siromani seeking the relief of possession of the plaint 'A' schedule mentioned properties from defendants 1 and 2 who are the plaintiff in O.S.No.52 of 1984 and his son. Defendants 2 and 3 have been added subsequently in O.S.No.30 of 1984 consequent upon the death of the 1st defendant. Since the sole plaintiff in O.S.No.52 of 1984 died, her mother was brought on record as her legal representative, as the second plaintiff in that suit. A joint trial was conducted in both















































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