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2011 Supreme(AP) 61

B.PRAKASH RAO, G.CHANDRAIAH
TUMU SRIHARI – Appellant
Versus
THUMU PADMAMMA – Respondent


Advocates Appeared:
For the Petitioners:P. Sri Raghu Ram, Advocate.
For the Respondent:R3 to R5, B. Venkata Rama Rao, Advocate.

Judgment :

G. Chandraiah, J.

Heard both the counsel.

2. Aggrieved by the judgment and decree dated 24.11.2009 passed by the court of Principal District Judge, Rangareddy District at L.B. Nagar, Hyderabad in O.S.No.245/2005, in dismissing the suit filed for declaration and for consequential injunction, the plaintiff filed the present first appeal.

3. The suit schedule property is the agricultural land admeasuring Ac.0-33 guts in Sy. No. 43/ and 46/ situate at Moosapet village, Balangar Mandal, Rangareddy.

4. The plaintiff filed the suit for declaration of title and for consequential permanent injunction, restraining the defendants and their henchmen etc., from interfering with his peaceful possession and enjoyment of the suit schedule property.

5. The plaint averments are that one T.Yadaiah and T.Narsaiah are brothers and sons of Balakrishnaiah. Balakrishnaiah, owned several properties. The plaintiff is the son of Narsaiah, born through his first wife. The 1st defendant is the second wife of Narsaiah and the 2nd defendant is the son of Narsaiah, through his second wife. The defendants 3 to 5 are the sons of Yadaiah.

6. Yadaiah and Narsaiah, owned lands in Sy.Nos. 43/ , 46/ 65/ to





































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