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2023 Supreme(AP) 801

T. MALLIKARJUNA RAO
Singamsetty Varalakshmamma (Died) – Appellant
Versus
Cheruku Janardana Reddy – Respondent


Advocates Appeared:
For the Petitioner: Harija Akkineni.
For the Respondent: Kalagatla Koteswara Rao.

JUDGMENT :

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellants/defendants challenging the decree and judgment dated 08.10.2010 in O.S.No.28 of 2004 passed by the learned III Additional District Judge (Fast Track Court), Nellore (for short, ‘trial court’).

2. The parties will hereinafter be referred to as arrayed before the trial Court.

3. The brief averments, of the plaint, are as under:

    (a) The plaint schedule property represents 2/3rd of the entire property. Initially, the 1st defendant's husband purchased the whole property in her name. However, the 2nd defendant managed to obtain a settlement deed from her in his favor on 07.01.1975. Subsequently, the 2nd defendant's elder brother, Bala Subramanyam, filed a partition suit (O.S.No18 of 1981) against defendants 1 and 2, their three sisters, and another tenant in the Senior Civil Judge's Court, Gudur. The suit was decreed on 14.02.1983, declaring equal entitlement of the plaintiff, defendants, and the three sisters, and granting a 1/6th share to the plaintiff. Defendants 1 and 2 appealed against the decree in A.S.No.492 of 1984 at the High Court of Andhra Pradesh, but the appeal was dismis

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