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2014 Supreme(AP) 267

M.S.RAMACHANDRA RAO
V. Eswara Rao – Appellant
Versus
V. T. Sharat Chandra Thotraj – Respondent


Advocate Appeared:
For the Appellant:K.V. Subrahmanya Narasu, Advocate.
For the Respondent:Lalitha, instructed by D. Ramalingaswamy, Advocates.

Judgment :

1. This appeal is filed challenging the judgment and decree dt.19.12.1992 in OS.No.15 of 1987 on the file of the Sub-Ordinate Judge, Parvatipuram. The appellants are Defendant Nos.6, 7, 8, 9, 23-31 in this suit.

2. Heard Sri K.V. Subrahmanya Narasu, counsel for appellants and Smt. Lalitha, representing Sri D. Ramalingaswamy, counsel for 1st respondent.

3. The said suit was filed by 1st respondent/plaintiff through his GPA holder seeking partition of plaint ABCD schedule properties into two equal shares and for delivery of one such share to plaintiff after evicting defendants therefrom, for partition of e schedule movables into two equal shares and for possession of such share or value thereof from 2nd respondent/1st defendant, for profits and costs.

4. By judgment and decree dt.19.12.1992, the suit was decreed for partition of plaint ABCD schedule properties, except items 1 and 2 of Lot I of plaint C schedule into 4 equal shares and to put plaintiff in possession of one such share. Mesne profits were directed to be enquired into on a separate application. Suit as against D-2 was dismissed as per a compromised recorded in IA.No.482 of 1992.

5. Defendant Nos.23 to 31 are t













































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