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2022 Supreme(AP) 72

M.VENKATA RAMANA
R. V. Krishna Rao died – Appellant
Versus
Attili Hymavathi Devi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: G Poornasri
For the Respondent: Moguluru Iswarya

JUDGMENT :

This second appeal is directed against the decree and judgment in A.S.No.142 of 2011 of the Court of the learned IV Additional District Judge, Visakhapatnam dated 16.02.2021.

2. The defendants are the appellants. The 1st appellant is no more. He died during pendency of the suit. The appellants 3 to 6 are the legal representatives of the appellants 1 and 2.

3. Smt. Attili Hymavathi Devi-the respondent laid the suit in O.S.No.206 of 1982 on the file of the Court of the learned I Additional Senior Civil Judge, Visakhapatnam to declare her title to the plaint schedule property and for consequential injunction restraining the appellants 1 and 2 from interfering with her possession and enjoyment of the same. Alternatively, relief of possession was also sought at a later stage during the course of trial in the suit, evicting the appellants 1 and 2 from the plaint schedule property.

4. The property described in the plaint schedule is as follows:

    “Vacant site measuring 785.33 sq.yards or 656.364 Sq.mtrs. covered by plot No.14 of the approved lay out in s.No.62/2 in block No.6 of Waltair ward of Visakhapanam Town and bounded as follows:

East : Site covered by plot No.15 of the layout

Sou

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