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2024 Supreme(AP) 112

V. GOPALA KRISHNA RAO
Karipalli Christy Caroline, W/o. Late K. S. Hirams – Appellant
Versus
Karipalli Shepard Kinghs burgh (died) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri M.V.Suresh
For the Respondents: Sri P.Vivek

JUDGMENT :

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 23.07.1999, in O.S. No.175 of 1988 passed by the learned Principal Senior Civil Judge, Rajahmundry [for short ‘the trial Court’]. The Respondents herein are the plaintiffs and L.Rs. of plaintiffs in the said Suit.

2. The respondents/plaintiffs filed a Suit for partition of plaint schedule property into 8 equal shares and to put the plaintiffs 1 to 7 in possession of 1/8th share each and for future profits from the date of plaint till the date of possession and for costs.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.175 of 1988, are as under:

The first plaintiff and late K.S.Hirams are the sons and plaintiffs 2 to 7 are the daughters of late Karipalli Cornelius, who died intestate on 30.06.1960. The first plaintiff’s only brother K.S.Hirams died on 01.08.1977. The first defendant is the wife and defendants 2 to 5 are the sons and defendants 6 and 7 are the daughters of late K.S.Hirams. The plaint schedule proper

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