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2015 Supreme(AP) 553

U.DURGA PRASAD RAO
Trinadha Patro – Appellant
Versus
Lingaraj Rana – Respondent


Advocates Appeared:
For the Appellant:K. Manik Prabhu, Advocate.
For the Respondent:B. Ramesh, Advocate.

Judgment :

1) In this revision filed under Article 227 of the Constitution of India, the petitioner/defendant challenges the order dated 26.06.2015 in I.A.No.125 of 2015 in O.S.No.43 of 2014 passed by Principal Junior Civil Judge, Sompeta whereby and whereunder the learned Judge dismissed the petition filed under Section 35 of Indian Stamp Act requesting the Court to impound the petition mentioned unregistered mortgage deed dated 31.03.2003.

2) Factual matrix of the case is thus:

a) The respondent/plaintiff filed O.S.No.43 of 2014 against the petitioner/defendant seeking perpetual injunction in respect of plaint schedule vacant site situated in Gandhipeta Baruva village, Sompeta Mandal of Srikakulam District pleading that originally plaint schedule property was a thatched house belonging to his paternal-grand-father—Bollobho Narayana Rono and after him it devolved on his only son—Tarini Rono and later the said property was devolved on his four sons i.e. plaintiff and his three brothers and as the brothers of the plaintiff are settled in different places for their livelihood, plaintiff has been managing the plaint schedule property and during the course of time the thatched house colla



















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