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2021 Supreme(AP) 103

M.VENKATA RAMANA
S Ameer Basha – Appellant
Versus
K Nagarathnamma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K Venugopal Reddy

JUDGMENT :

1. This Civil Miscellaneous Appeal is directed against the order in A.S.No.15 of 2014 dated 11.10.2018 of the learned III Additional District Judge, Kadapa at Rajampet. It was in turn preferred against the decree and judgment in O.S.No.81 of 2003 dated 07.01.2012 of the Court of the learned Junior Civil Judge, Rajampet.

2. The defendant is the appellant. The respondent is the plaintiff.

3. The respondent instituted the suit against the appellant for permanent injunction in respect of a small plot of the land shown as ‘ABCD’ in the plaint plan, which is a part of an extent of Ac.0-40 cents comprised in S.No.974/1 and 973-2 of Rajampet Town and Gram Panchayat. This property is shown in the plaint plan as ‘WXYZ’. This plot shown as ‘ABCD’ being in dispute shall be referred hereinafter as ‘the disputed property’, for convenience.

4. The case of the respondent against the appellant in the trial Court was that her husband had succeeded to entire ‘WXYZ’ property in the partition among himself, his father Sri Eswaraiah and his brother Sri Kayala Masthan Mohan Rao, which in turn was purchased along with other extents by Sri Kayala Venkata Subbaiah, father of Sri Eswaraiah, under

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