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2018 Supreme(AP) 244

A.SHANKAR NARAYANA
Kirala Venkatamma, died per L. R. – Appellant
Versus
K. Munaswamy – Respondent


Advocates Appeared:
For the Petitioner:Sri K.S. Gopalakrishnan, Advocate for Sri T.C. Krishnan, Advocate.
For the Respondent:Sri P. Vidya Sagar, Advocate, for Sri P. Jagadish Chandra Prasad Advocate.

JUDGMENT :

Plaintiff - Smt. Kirala Venkatamma in O.S. No.327 of 1984 on the file of the Principal District Munsif, Puttur, who succeeded, lost in Appeal Suit No.14 of 1991 on the file of the Subordinate Judge of Puttur and, thus, she preferred the present Second Appeal under Section-100 of the Code of Civil Procedure, 1908 (for short Code).

2. She filed the suit in O.S. No.327 of 1984 for declaration of her right and title to the suit schedule property and consequential perpetual injunction to restrain defendant Nos.1 to 5 therein from interfering with her possession and enjoyment over the suit schedule property.

3. The suit schedule property consists of item Nos.1 and 2. Item No.1 is dry land to an extent of Ac.0-49 cents out of Acs.1.66 cents situated in Survey No.173/1 with right in the Well in Survey No.173/6 to which Well a pump set is installed and the right of 1/12th share in the Well and appurtenance therein, the Channels, trees etc., and item No.2 is a house site measuring east - west 25yards and north - south 20 yards within specific boundaries.

4. During pendency of the present second appeal, the sole appellant died and her brothers daughter came on record as appellant No.2

























































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