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2017 Supreme(AP) 503

D.V.S.S.SOMAYAJULU
Yallapi Rajamma, @ Sarojanamma – Appellant
Versus
Paditham Narayana Rao – Respondent


Advocates Appeared:
For the Appellant : M.P. Chandramouli
For the Respondents: P. Ganga Rami Reddy

JUDGMENT :

This appeal is filed against the judgment and decree passed in the suit O.S.No.120 of 1988 on the file of the Additional Sub-ordinate Judge, Guntur, dated 15.04.1997.

2. The unsuccessful plaintiff is the appellant. As this is a first appeal and the plaintiff is the appellant, the parties are described as they are arrayed in the suit only.

3. The plaintiff in the suit is Yallapi Rajamma @ Sarojanamma, w/o. Yallapi Sivaiah. She filed the said suit O.S.No.129 of 1988 against P. Narayana Rao, R. Krishnaiah pand M. Pushpa.

4. The suit is filed for partition and separate possession of the share of plaintiff in the suit schedule property with a direction to defendants 1 & 2 to put the plaintiff in possession of her 1/3rd share in the property. The plaintiff claims to be the wife of one Yallapi Sivaiah as described in para-4 of the plaint.

5. One Yallapi Mallaiah was the father and the head of joint family consisting of himself and three sons Yallapi Veera Badraiah, Yallapi Sivaiah and Yallapi Nagaraju. As Yallapi Mallaiah died intestate, the plaintiff states that her husband-Sivaiah acquired 1/3rd share in the plaint schedule property. As per the averments of the plaint, the plainti

































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