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2014 Supreme(AP) 1174

M.SATYANARAYANA MURTHY
Shaik Nagoor Bibi – Appellant
Versus
Shaik Pakeer Saheb – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: C.C.S. Sastry
For Respondents/Defendant: Srinivasa Rao Duggaraju

JUDGMENT

M. Satyanarayana Murthy, J.

1. The unsuccessful plaintiff in Original Suit No. 57 of 1981, on the file of Subordinate Judge (Now Senior Civil Judge), Kovvur, West Godavari District, preferred this Appeal against the impugned decree and judgment dated 25.06.1986, wherein the Suit filed for declaration of title to plaint 'A' schedule property, for recovery of possession and for a consequential direction to the defendants 6 to 10 to deposit Rs. 1,800/- into Court, being the rents collected for 10 months, was dismissed.

2. The appellant herein was the plaintiff and the respondents 1 and 5 herein were the defendants 1 to 5, respondents 6 and 7 herein were defendants 7 and 8, 8th respondent herein was the 10th defendant before the trial Court, in Original Suit No. 57 of 1981. For the sake of convenience, the parties hereinafter will be referred as arrayed before the trial Court.

3. During the pendency of Appeal, 5th respondent herein died and as his legal heirs were not brought on record, the Appeal stood abated against him, as per the orders of this Court on 30.03.2001. The Appeal stands dismissed for default, against respondents 6 and 7 herein, vide Court Order dated 17.12.2003.

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