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2022 Supreme(AP) 381

V. R. K. KRUPA SAGAR
GOVT. OF A. P. MACHILIPATNAM – Appellant
Versus
KOGANTI JAGANNADA RAO @ JAGGAIA, KRISHNA DIST – Respondent


Advocates:
Advocate Appeared:
For the Appellant : GP FOR ARBITRATION (AP)
For the Respondent: P. HEMACHANDRA, V.S.K. RAMA RAO, P. HEMACHANDRA,RAVI KUMAR TOLETY

JUDGMENT:

State Government is the appellant. The appeal is filed under Section 100 C.P.C. It questions the correctness of judgment dated 05.03.2010 in A.S.No.87 of 2009 of learned VII Additional District and Sessions Judge (Fast Track Court), Vijayawada. By the impugned judgment, the first appellate Court agreed with the findings and conclusions reached by the trial Court in O.S.No.851 of 2002 of learned I Additional Senior Civil Judge, Vijayawada.

2. It was an appeal against sole respondent. Respondent was plaintiff before the trial Court and was the respondent before the first appellate Court. During pendency of the appeal, respondent/plaintiff died on 10.08.2019. Thereafter, respondent No.2, who is proper and necessary party to the appeal; respondent Nos.3 and 4, who purchased a part of the plaint schedule property, and respondent No.5 in whose favour the deceased respondent No.1/plaintiff executed a Will are impleaded. The entire dispute revolves around an erroneous entry in revenue records, which was sought to be rectified through the civil Courts by way of mandatory injunction. Both the Courts below granted the relief to the plaintiff and thereby directed the appellant to recti

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