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2019 Supreme(AP) 115

M.SEETHARAMA MURTI
Ande Sambasiva Rao – Appellant
Versus
Gunti Rama Subba Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nuthalapati Krishna Murthy
For the Respondent: N. Sriram Murthy

JUDGMENT :

M. SEETHARAMA MURTI, J.

1. This second appeal, under Section 100 of the Code of Civil Procedure, 1908, by the unsuccessful 2nd defendant, is directed against the decree and judgment, dated 1.3.2019, of the learned XI Additional District Judge, Tenali, passed in AS No. 54 of 2015 whereby the said learned Additional District Judge confirmed the decree & judgment, dated 17.7.2015, of the learned Principal Senior Civil Judge, Tenali, passed in OS No. 349 of 2011 filed by the sole plaintiff-1st respondent herein.

2. I have heard the submissions of Sri Nuthalapati Krishna Murthy, learned Counsel appearing for the appellant-2nd defendant ['2nd defendant', for brevity], and of Sri N. Sri Ram Murthy, learned Counsel appearing for the 1st respondent-plaintiff ['plaintiff, for brevity]. The 2nd respondent-2nd defendant died. I have perused the material record.

3. In this second appeal coming up for admission, the parties shall hereinafter be referred to as arraigned in the suit for convenience and clarity.

4. Since this second appeal deserves admission only when the 2nd defendant establishes that substantial questions of law are involved, the submissions of the learned Counsel for the 2

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