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2023 Supreme(AP) 805

V. R. K. KRUPA SAGAR
P. Madhava Naidu – Appellant
Versus
B. Kanthamma – Respondent


Advocates Appeared:
For the Petitioner: M. P. Chandramouli.
For the Respondents: O. M. R. Law Firm.

JUDGMENT :

1. Both the Second Appeals arose out of one judgement of the Courts below and therefore both sides argued them together and they are to be disposed of by a common judgment.

2. Smt.B.Kanthamma filed O.S.No.291 of 2000 as against 7 defendants. An immovable property which is a plot of land was in controversy and that was shown in the schedule appended to the plaint. The relief claimed by the plaintiff was for declaration of title over the property and she also sought for consequential perpetual injunction restraining the defendants from interfering with peaceful possession and enjoyment of the said plot of land. Learned Principal Junior Civil Judge, Tirupati tried the suit and by a judgment dated 10.12.2002, it decreed the suit in favour of the plaintiff.

3. In the above referred suit, first defendant was Sri P.Madhava Naidu. He alone preferred the first appeal in A.S.No.97 of 2002 before learned V Additional District Judge, Tirupati. The plaintiff in the suit Smt.B.Kanthamma was shown as respondent No.1 in the first appeal. Defendant No.2 to 7 in the suit did not prefer an appeal and therefore they were shown as respondent Nos.2 to 7 in the first appeal. After due hearing o

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