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2009 Supreme(AP) 399

B.CHANDRA KUMAR, A.GOPAL REDDY
Regati Ramaraju – Appellant
Versus
Neelamsetti Kataji Rao – Respondent


Advocates Appeared:
Mr. N.V. Suryanarayana Murthy, Senior Counsel for Mr. P. Suresh, Counsel for the Appellant.
Mr. E. Manohar, Senior Counsel for Mr. G. Rama Gopal, Counsel for the Respondents.

JUDGMENT

(Per A. Gopal Reddy, J.)

This intra-court appeal under Clause 15 of the Letters Patent is directed against the judgment and decree of the learned single Judge of this Court in A.S.No. 1735 of 1991 dated 23-3-2001 whereby the appeal preferred by the defendants was allowed setting aside the judgment and decree made in O.S.No. 8 of 1983, dated 4-7-1991 of the 1 Additional Subordinate Judge, Visakhapatnam decreeing the suit of the plaintiff cancelling the registered sale deed dated 30-3-1978 registered on 18-7-1981 and ordering recovery of possession of the suit schedule property covered by the said sale deed.

2. For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the trial Court.

3. Facts in nutshell that gave rise to this appeal are that the father of plaintiff Govinda Rao was the undivided brother of Regati Venkata Lakshmi Narayana Rao (RVLN Rao, for brevity) and after partition RVLN Rao acquired the plaint schedule property along with other properties. He purchased the properties from the income of the properties that he got in partition and bequeathed all the properties to his divided brothers wife and children. The suit schedule

































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