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2017 Supreme(AP) 607

U.DURGA PRASAD RAO
Nalla Haripriya – Appellant
Versus
Rukkamma – Respondent


Advocates Appeared:
For the Appellants : Vedula Venkataramana for B. Kavita Yadav, Counsel
For the Respondents: Koneti Raja Reddy, Counsel

JUDGMENT :

U. Durga Prasad Rao, J.

1. Aggrieved by the common judgment dated 27.8.1992 in OS No. 63 of 1987 and OS No. 115 of 1987 passed by learned Subordinate Judge, Peddapalli, the 1st defendant in OS No. 115 of 1987 and plaintiffs in OS No. 63 of 1987 preferred AS No. 1999 of 1992 and TRAS No. 548 of 2014 respectively. OS No. 63 of 1987 is filed by the plaintiff seeking declaration that 1st plaintiff, but not the defendant, is the wife of late Nalla Pentaiah and plaintiffs 2 to 4 are their children and for perpetual injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the suit schedule properties. It is the case of plaintiffs that Nalla Pentaiah of Peddapalli married 1st plaintiff in the year 1971 and begot plaintiffs 2 to 4 and the defendant has nothing to do with Nalla Pentaiah. However, in the amended pleadings, the plaintiffs mentioned that Nalla Pentaiah married one lady and after her death, married the defendant but their marital life was not harmonious and ultimately they took divorce in 1961 and later he married the 1st plaintiff and died in 1983. While so, the defendant filed a counter suit-OS No. 115 of 1987 claiming hers































































































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