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2023 Supreme(AP) 694

D. V. S. S. SOMAYAJULU, V. SRINIVAS
Munipalli Subbarao (died) – Appellant
Versus
M. Siva Sankara Vara Prasadarao @ Prasadarao – Respondent


JUDGMENT :

(V. Srinivas, J.)

1. This appeal is directed against the decree and judgment dated 15.03.2018 in O.S.No.64 of 2014 passed by the learned XI Additional District and Sessions Judge, Tenali.

2. The appellants herein are the plaintiffs, and the respondents herein are the defendants. For convenience, the parties herein are referred to as they are arrayed in the trial Court.

3. The above appeal suit was filed for partition of the plaint schedule properties i.e., item Nos.1 to 3 into 12 equal shares and allot 7/12th share to the 1st appellant and for costs. Since the 1st appellant died during pendency of the suit, appellant Nos.2 to 6 are brought on record as his legal representatives.

4. The brief facts of the plaintiffs case are as follows:

    (i) Originally the plaint schedule property, which consists of three items belongs to one Munipalli Venkaiah, who died intestate in the year, 1950 leaving behind his three sons viz. Munipalli Kotaiah, Munipalli Subbaiah and Munipalli Ramaiah and three daughters viz. Ponugupati Basavamma, Mallampalli Ponchaitramma and Kattavarapu Seetha. All the daughters of Munipalli Venkaiah died long back.

(ii) The first son of M.Venkaiah by name M.Kotaia

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