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2015 Supreme(AP) 229

T.SUNIL CHOWDARY
Taddi Chinnayya – Appellant
Versus
Tekumalla Purushottam Rao – Respondent


Advocates Appeared:
For the Petitioners:K. Subrahmanyam, Advocate.
For the Respondents:R1, M.S.R. Subrahmanyam, R11, Subba Rao Korrapati, Advocates.

Judgment :-

1. This civil revision petition is filed by the petitioners challenging the order dated 28.12.2011 passed in I.A.No.319 of 2010 in O.S.No.29 of 2007 on the file of II Additional District Judge (Fast Track Court), Parvathipuram, wherein and whereby the petition filed by the petitioners under Order I Rule 10(2) of CPC was dismissed.

2. To avoid confusion, the parties will hereinafter be referred as they are arrayed before the trial court.

3. The factual matrix leading to filing of the civil revision petition is as follows:

The first respondent is the younger son of Late Tekumalla Ramarao. The second respondent is wife and respondent Nos.3 and 4 are the legal representatives of Late Srinivasa Rao, who is the elder son of Late Rama Rao. Late Rama Rao was the inamdar of an extent of about Acs.29.00 in new survey Nos.8, 10, 13, 14, 15, 16, 18 and 24 of Dattivenkatapuram village. The petitioners and their predecessors were inducted, by Late Rama Rao, into the land admeasuring Acs.18.00 covered by survey Nos.5, 6, 8 and 18 as tenants about 70 years ago, and they continued as tenants up to 1986 and thereafter the petitioners became absolute owners over the share of first respondent























































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