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2010 Supreme(AP) 352

VILAS V.AFZULPURKAR
K. Bhaskar Rao – Appellant
Versus
K. A. Rama Rao – Respondent


Advocates appeared:
For the Petitioner:Kowturu Vinay Kumar, Advocate. For the Respondent:A.V. Sesha Sai, Advocate.

JUDGMENT :

1. Unsuccessful plaintiff in O.S.No.408 of 1988 has filed this appeal. Plaintiff, who is the younger brother of the defendant, filed the above suit for partition O.S.No.408 of 1988 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, alleging as follows:

(a) that the father of the parties i.e. Nagabhushanam died on 22.05.1972 and the mother of the parties later died on 02.02.1985. Originally the suit was filed seeking partition and separate possession of A and B schedule properties on the ground that they belong to joint family. Later, the suit schedule was amended by including C and D schedule properties also. The suit was, primarily, filed on the basis of the declaration by the defendant before the Urban Land Ceiling (ULC) Authorities that the plaint schedule properties belong to the joint family, but the defendant had given the name of one K. Venkateswara Rao, as his brother instead of that of plaintiff. The plaintiff, therefore, alleges that the said Venkateswara Rao has nothing to do with the joint family and though the defendant admitted that the plaint schedule properties are joint family properties, he intended to exclude the plaintiff and th


















































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