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2022 Supreme(AP) 578

B. S. BHANUMATHI
Penumatcha Satyanarayana Raju – Appellant
Versus
Matta Suseela – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Jami Madhavi.
For the Respondent: P. Durga Prasad.

JUDGMENT :

B.S. BHANUMATHI, J.

1. This appeal, under Section 96 CPC, is directed against the decree and judgment, dated 12.07.2018, passed in O.S. No. 219 of 2012 on the file of the Court of III Additional District Judge, Bhimavaram.

2. Heard Sri T. Vishnu Teja, learned counsel representing Ms. Jami Madhavi, learned counsel for the appellants/plaintiffs and Sri A. Sai Bhargav, learned counsel representing Sri P. Durga Prasad, learned counsel for the 1st respondent. The notices sent to the respondent Nos. 2 and 3 have been returned un-served with an endorsement ‘refused’ and thus, there is no appearance on their behalf.

3. The case of the plaintiffs, in brief, is as follows:

    (a) The plaint schedule property, viz. wet land of Ac. 0.34 cents in R.S. No. 231/3 of Bhimavaram municipal area, is the self acquired property of late Kamatam Isaku, who is the father of Isreal Raju and the said person, out of love and affection executed a settlement deed in favour of the said Isreal Raju, resident of Kovvada, Bhimavaram Mandal. As per the recitals of the settlement deed, dated 21.04.2004, the said Isreal Raju is the only son of the executants, and as such, the schedule property worth Rs. 72,000/- w

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