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2022 Supreme(AP) 838

SUBBA REDDY SATTI
Syed Basha – Appellant
Versus
Syed Masthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K A Narasimham

JUDGMENT :

The above second appeal is filed by plaintiff in the suit against the judgment and decree dated 23.07.2018 in A.S.No.31 of 2013 on the file of Principal District Judge, Chittoor, confirming the judgment and decree dated 05.02.2013 in O.S.No.230 of 2002 on the file of Additional Senior Civil Judge, Chittoor.

2. For the sake of convenience and brevity, the parties herein are referred to as they are arrayed in the suit.

3. Plaintiffs, being minors represented by their mother and guardian Jaheerunnisa, filed suit O.S.No.230 of 2002, seeking partition of plaint schedule property. Pending the suit, as per the endorsement in cause title, plaintiffs were declared as majors as per orders in I.A.No.626 of 2012 dated 23.08.2012.

4. On contest, the suit was dismissed vide judgment and decree dated 05.02.2013. Against the said judgment and decree, plaintiffs filed appeal A.S.No.31 of 2013 and the same was dismissed vide judgment and decree dated 23.07.2018. Assailing the same, the above second appeal is filed with a delay of 1191 days.

5. In the affidavit filed in support of the petition to condone the delay of 1191 days in filing the second appeal, it was pleaded in Paragraphs 6 and 7 as

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