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2024 Supreme(AP) 59

T. MALLIKARJUNA RAO
Poola Vamshi Krishna S/o Poola Sreenivasulu – Appellant
Versus
Poola Sreenivasulu S/o Poola Narayana Sinecure – Respondent


Advocates:
Advocate Appeared:
For the Appellant : INENI VENKATA PRASAD
For the Respondents: N ASWARTHA NARAYANA

JUDGMENT :

1. The Appeal, under Section 96 of the Code of the Civil Procedure, 1908 (for short, 'C.P.C.'), is filed by the Appellants/Plaintiffs 1 and 2 challenging the decree and Judgment dated 14.09.2011 in O.S.No.89 of 2010 passed by the learned District Judge, Anantapur (for short, 'the trial court').

2. Appellants 1 and 2 are the Plaintiffs 1 and 2, who filed the suit in O.S.No.89 of 2010 seeking partition and separate possession of Plaintiffs 2/3rd share in the plaint schedule properties and for costs of the suit.

3. Referring to the parties hereinafter as arrayed in the suit is expedient to mitigate potential confusion and better comprehend the case.

4. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows:

    (a) Plaintiffs are the minor children of 1st Defendant, represented by their mother, Poola Vijaya. The 2nd Defendant is a 3rd party to the 1st Defendant’s family and the Plaintiffs. The plaint schedule property is the ancestral property of the Plaintiffs and 1st Defendant, and they are enjoying the same as undivided joint family members. Recently, disputes arose, and 1st Defendant is acting

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