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2007 Supreme(AP) 326

D.APPA RAO
Damalanka Gangaraju – Appellant
Versus
Nandipati Vijaya Lakshmi – Respondent


Advocates Appeared: For the Appellants:M. Krishna Mohan Rao, Advocate. For the Respondents:N (P). Anjana Devi Advocate.

Judgment :-

This is an appeal preferred by the Defendants 1, 2 and 6 against granting of a Preliminary Decree for partition in the suit filed in O.S.No.7 of 1996, on the file of the learned Senior Civil Judge, Pithapuram.

2) The case of the plaintiff, in brief, is that she is the daughter of the 1st defendant. D2 to D5 are her sisters. Her marriage was performed on 11.5.1986. The marriage of 5th defendant was performed subsequently. The marriages of D2 and D3 were performed about 20 years ago. D2 and D4 were given substantial properties from out of the joint family properties and therefore, they were not entitled to any share. She is having 1/3rd share along with D1 and D5. During the pendency of the suit, D1 said to have executed a settlement deed dated 9.3.1996, and a registered Will dated 26.5.1993, in respect of the joint family properties. They are not valid. D6 claims that he is the adopted son of D1. It is not true. This plea was put up to deny her share. She gave a lawyer’s notice on 5.2.1996 demanding her share in the properties. Therefore, she sought 1/3rd share in the joint family properties consisting of Ac.4.55 cents mentioned in the plaint -A-schedule and a house bear

















































































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