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2011 Supreme(AP) 539

N.R.L.NAGESWARA RAO
R. V. Padmavathi (Died) – Appellant
Versus
Gangarapu Sudarsana Chowdary (Died) – Respondent


Advocates appeared:
For the Appellants:S.V. Bhatt, Advocate.
For the Respondents:N. Pramod, T. Rajendra Prasad, J. Srinath Reddy, Advocates.

Judgment :

1. The appeal is filed by the 1st plaintiff and 12th defendant in O.S.No.24 of 1996 on the file of the Additional District Judge, Madanapalle. The suit was one filed for partition of the schedule properties.

2. The case of the plaintiffs is that the schedule properties belongs to one R.Venkata Swamy Naidu, who died on 28.12.1953 leaving behind his wife Achamma and four sons and four daughters. The 1st plaintiff is one of the daughters. The sons are Rama Swamy Naidu whose heirs are defendants 1 to 6 and another son Guru Swamy Naidu, whose heir is the 7th defendant and another son Ranga Swamy Naidu, who is said to have gone in adoption in the year, 1925 and died leaving behind his wife defendant No.11, who also died subsequently, another son is Rama Murthy, defendant No.8. The daughters are Seethamma, the 1st plaintiff, another Sundaramma and defendant No.9. The 2nd plaintiff is said to be the son of Seethamma. The 1st plaintiff and Sundaramma are said to be unmarried and Sundaramma also died unmarried. The suit schedule properties are the family properties.

3. According to the case of the plaintiffs, after the death of Venkata Swamy Naidu on 28.12.1953 as an undivided co































































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