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2014 Supreme(AP) 1138

M.SEETHARAMA MURTI
Durgampudi Padmamma – Appellant
Versus
Kallutla Kottamma (died) – Respondent


Advocates:
Advocate Appeared
Counsel for the Petitioner: Sri K.S.Gopala Krishnan
Counsel for the Respondent No.2: Sri M.Rajamalla Reddy

JUDGMENT:

This Second Appeal under Section 100 of the Code of Civil Procedure (for short, the Code) by the sole defendant is directed against the judgment dated 05.03.2007 of the learned V Additional District Judge (Judge, Fast Track Court), Nalgonda at Miryalaguda passed in A.S.No.2 of 2007 whereby the learned Additional District Judge by allowing the said Appeal Suit with costs throughout had set aside the decree and judgment dated 31.10.2006 of the learned Senior Civil Judge, Miryalaguda and had decreed the suit in O.S. No.82 of 1999 filed by the sole plaintiff for declaration that she is the owner of the property in an extent of Ac.2.16 guntas in Survey No.63 of Kistapuram village of Miryalaguda Mandal of Nalgonda District which is more fully described in the schedule annexed to the plaint and for recovery of the said property after evicting the defendant there from.

2. At the time of admission of the Second Appeal, this Court on 31.07.2007 had formulated the following substantial questions of law:

(1) Whether the suit for declaration of title is maintainable without impleading the third party vendors of the defendant as parties to the suit? and

(2) Whether there is any perversit








































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