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2021 Supreme(AP) 1017

M.VENKATA RAMANNA
Alapati. Rama Mohan Rao s/o. late. Satyanarayana Murthy – Appellant
Versus
Alapati. Venkata Ratnanuna w/o. late. Gopalakrishna Rao – Respondent


Advocates Appeared:
For the Petitioner: Sri T.V.P. Sai Vihari.
For the Respondent: K.S. Murthy, Sri Ramababu.

JUDGMENT :

1. The plaintiff in O.S.No.14 of 1998 on the file of the Court of the learned Senior Civil Judge, Tadepalligudem is the appellant. The respondents were the defendants.

2. The appellant laid the suit for partition of the plaint schedule properties into two (02) equal shares and to allot one such share to him directing possession of the same as well as for rendition of accounts, past and future, to pay the same with interest at 12.04% per annum.

3. The plaint schedule describes the properties in dispute as under:

    “West Godavari District, Tadepalligudem Rural Mandal, Pedatadepalli Village, Zeroit dry Land in

Item No.1 : R.S.No.821/1 full number Ac.1-31 cents = 0.5301439 Hc.

Item No.2 : R.S.No.821/2,Ac.1-07 cents full in number =0.4330183 Hc.

Item No.3 : R.S.No.784/2 Full in number Ac.0-07 cents = 0.283283 Hc.

Item No.4 : West Godavari District, Tadepalligudem rural mandal, Pedatadepalli village, tiled house with D.No.2-43 with site and compound etc., in an extent of 480 sq.yds = 4013.424 sq.m.with doors, windows, roof, garden etc.”

4. Item Nos.1 to 3 of the plaint schedule will be referred to hereinafter as ‘the suit lands’ and item No.4 of the plaint schedule will be referred t

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