M.S.RAMACHANDRA RAO
Vidya Sagar – Appellant
Versus
J. Balaji Singh – Respondent
1. This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(u) of the C.P.C. challenging the judgment and decree dt.17-02-2012 in A.S.No.42 of 2010 of the Family Court-cum-VI Additional District Judge, Kadapa allowing the appeal and remitting the matter back to the Court of Senior Civil Judge, Kadapa.
2. The appellants are defendant Nos.1 to 7 in the suit O.S.No.65 of 2005 on the file of Senior Civil Judge, Kadapa. The 1st respondent herein/plaintiff filed the said suit for declaration of his title to the plaint schedule property and for a consequential permanent injunction restraining the defendants from interfering with his alleged possession and enjoyment of the plaint schedule property. The plaint schedule property is a vacant site of extent Ac.0.05 cts in D.No.238 and Ac.0.10 cts in D.No.239/1B in 3rd ward in Kadapa Municipality.
3. In the plaint, the plaintiff contended that the plaint schedule property belonged to one R.Seetha Bai, wife of late Ram Singh, who got it under a Will Ex.A-1 dt.09-12-1984 executed by his brother Sundar Singh; that she and Ram Singh had no issues and they adopted the plaintiff as their son; that she executed a registered Will Ex.A-
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