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2021 Supreme(AP) 549

M.VENKATA RAMANA
Poola Venkateswarlu (died) LRs Mada Tirupathamma W/o. Mada Venkata Rao – Appellant
Versus
Vinayaka Vigraha Srirama Mandiram, Chebrolu, rep. by its Trustee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V.S.R.Anjaneyulu for Sri P.Vijay Kiran
For the Respondent: Mr.G.Ramachandra Rao, for Sri G.Peddababu

JUDGMENT:

This second appeal is presented against the decree and judgment in A.S.No.89 of 2010 dated 07.11.2015 on the file of the Court of learned I Additional District Judge, Guntur, by the defendant in O.S.No.1365 of 2007 on the file of the Court of learned II Additional Junior Civil Judge, Guntur.

2. The sole defendant died during pendency of this second appeal. His legal representatives being the appellants 2 to 7 have been brought on record.

3. The respondents are the plaintiffs in the suit. The suit was decreed in their favour by the judgment dated 29.10.2009 directing ejectment of the deceased - first appellant from the plaint schedule property.

4. The property in dispute described in the plaint schedule is a tin roof shed of two rooms with vacant site bearing Assessment Number 2754, in an extent of 50 Square Yards on Main Road, Near Bus Stand at Chebrolu, Guntur District. It shall be called hereinafter as 'the suit property' for convenience.

5. The first respondent is claimed to be a private temple (Mandir) belonging to a particular community at Chebrolu. The respondents 2 and 3 claimed being its trustees.

6. Their case in the plaint was that this Mandir was constructed about a

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