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2008 Supreme(AP) 717

R.KANTHA RAO, B.PRAKASH RAO
M. Maremma, W/o Ayyanna – Appellant
Versus
Desai Krishnavenamma, W/o Bheema Rao – Respondent


Advocates appeared:
Counsel for the Appellants: Mr. E. Ayyapu Reddy
Counsel for the Respondent: M. Subba Reddy.

JUDGMENT: (Per Hon'ble Sri Justice R.Kantha Rao, J)

This appeal is filed by the defendants in Original Suit No. 239 of 2003 on the file of the Court of the Principal Senior Civil Judge, Kurnool. The first respondent filed the suit against the appellants to declare her and her husband as the owners of the plaint schedule property and to direct the appellants to deliver possession of the same. The suit was decreed by the trial Court granting ten weeks time to the appellants to deliver vacant possession of the plaint schedule property to the first respondent.

2. For the sake of convenience the parties hereinafter will be referred to as plaintiff and defendants i.e., as they were originally arrayed in the plaint.

3. Briefly stated, the following are the averments of the plaint: One Draupathamma purchased the plaint schedule properties i.e., House and open space situated in Fort, Kurnool bearing H.Dr. No. Old 16/77, 16/81, New 16/97 and present door No. 67/97 in a Court auction held on 16.07.1962 in Original Suit No. 53 of 1959 in E.P. No. 65 of 1961 on the file of the Court of the Principal Senior Civil Judge, Kurnool and sale certificate was issued in her favour. She took possession o





























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