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2017 Supreme(AP) 808

C.PRAVEEN KUMAR
K. Chenchu Lakshmi – Appellant
Versus
P. Raja Reddy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Balaji Medamalli
For the Respondents: Mr. T. Janardhan Rao

ORDER :

C. Praveen Kumar, J.

Assailing the order dated 30.01.2017, passed in I.A. No. 554 of 2016 in O.S. No. 172 of 2006 on the file of the Additional Senior Civil Judge, Tirupati, wherein an application filed Under Order 23, Rule 1 and section 151 of C.P.C. seeking permission of the Court to withdraw the suit was rejected, the present revision is filed under Article 227 of the Constitution of India.

2. The facts in issue are as under:

The petitioner/plaintiff filed O.S. No. 172 of 2006 seeking division of the plaint schedule property into four equal shares with metes and bunds by taking into consideration the good and bad qualities and to allot one such share to the plaintiff. The plaintiff is the only daughter of defendant No. 1. Defendant Nos. 1 and 2 are the brothers and the suit schedule property originally belonged to one R. Jayarami Reddy, who is the father of defendant Nos. 1 and 2. The marriage of the plaintiff was performed in the year 1995 and at the time of marriage, no dowry or property was given to the plaintiff since the plaintiff is the only daughter of defendant No. 1 and she would be entitled to the entire share. It is stated that defendant No. 1, being kartha of joi














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