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2014 Supreme(AP) 64

T.SUNIL CHOWDARY
Sanku Veeraiah – Appellant
Versus
Sanku Veeranna – Respondent


Advocates Appeared:
For the Appellants:K. Chidambaram, Advocate.
For the Respondents:Narasimha Rao Davuluri, Counsel for the Respondent No. 1 in SA No. 108 of 2005 and for the Respondent No. 4 in SA No. 151 of 2005.

Judgment :

1. These two second appeals are preferred by defendant Nos.2 and 3 challenging the decrees and common judgment dated 19.4.2004 in A.S.Nos.46 and 47 of 2000 on the file of First Additional District Judge Court, West Godavari District, Eluru, confirming the decrees and common judgment dated 11.10.1999 in O.S.Nos.28 of 1993 and 32 of 1994 on the file of Senior Civil Judge Court, Tadepalligudem, respectively.

2. The parties herein are closely related. Krishna Murthy and Veeranna, who are father and son, are plaintiffs in the two suits. Defendant Nos.1 to 3 are common in both the suits. Krishna Murthy, Smt.Nara Subbayamma, and defendant Nos.2 and 3 are children of the first defendant. Subbayamma is shown as fourth defendant in O.S.No.28 of 1993 and fifth defendant in O.S.No.32 of 1994. For the sake of convenience, they are hereinafter referred to as such.

3. The case of the plaintiffs is that the first defendant and his children have partitioned their properties in the year 1968 in the presence of Village elders. Ever since, they have been in separate possession and enjoyment of their respective properties. First defendant has got Ac.3.18 cents of Zeroyathi wetland in survey






































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