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2014 Supreme(AP) 179

L.NARASIMHA REDDY
Suddapalli Lakshmi Saroja – Appellant
Versus
Vishnu Botla Murali Krishna – Respondent


Advocates Appeared:
Goda Ramalakshmi, Counsel for the Petitioner.
N. Sribari, Counsel for the Respondent.

ORDER

1. The petitioner filed OS No.183 of 2008 in the Court of Principal Senior Civil Judge, Tenali against the respondents for partition and separate possession of the suit schedule properties. A common written statement was filed by all the respondents. In addition to opposing the plea of partition, they stated that there existed a prior partition and that the father of defendant No.1 executed a Will on 20.10.2013. It was pleaded that the originals of the deed of partition as well as the Will, dated 20.10.2003, were lost on the way to the office of their Counsel on 26.2.2011. They have also stated that a complaint was submitted in the police station on the same day and after thorough search, the police informed that the documents are not traceable. Stating those reasons, the respondents enclosed the xerox copies of the deed of partition and the Will.

2. The petitioner filed a memo before the trial Court with a prayer to refuse to receive the xerox copies of the deed of partition and the Will. Opposing the memo, the respondents filed a detailed counter. After hearing both the parties, the trial Court passed a detailed order, dated 13.3.2013, holding that the xerox copy of deed of










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