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2014 Supreme(AP) 581

M.S.K.JAISWAL
Vidya Sagar, Goshacut,Jhinsi Chowraha, Hyderabad – Appellant
Versus
Ram Kishan Singh (Died), Bal Ram Singh – Respondent


Advocates appeared:
For Appellant : Sri VLN Gopala Krishna Murthy.
For Respondents: Sri K. Durga Prasad & Sri Suresh Shiv Sagar.

JUDGMENT :

The unsuccessful plaintiff in O.S.No.1325 of 2001 on the file of VIII Additional Senior Civil Judge (FTC), City Civil Court, Hyderabad, is the appellant herein. The suit was originally filed against the respondents 1 to 4 herein, who are Defendant Nos. 1 to 4 in the suit. During the pendency of the suit Defendant No.1 died, and vide Orders in I.A.No.166 of 2003 dt. 13.8.2003 his Legal Representatives were impleaded as Defendants 5 to 8. Subsequently, Defendant No.3 also died and her Legal Representatives were impleaded as Defendant Nos.9 to 15, vide Orders in I.A.No.449 of 2005, dt. 22.12.2005.

2. The suit was filed for delivery of vacant possession of suit schedule property, comprising of House bearing No.14-10-595, Lower Dhoolpet, Hyderabad.

3. The brief facts of the case are as under:

(i) The defendant Nos.1, 2 and one Amar Singh are the sons, and Defendants 3 and 4 are the daughters of the deceased Gajadhar. Amar Singh died issueless on 4.8.1991 and his wife predeceased him. Gajadhar executed a Will on 1.5.1967 in favour of the Plaintiff out of love and affection, bequeathing all his movable and immovable properties, and the father of the Plaintiff Atmaram was made exe

























































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