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2023 Supreme(AP) 1124

T. MALLIKARJUNA RAO
Chichula Venugopalarao S/o. Late Ch. Ramarao – Appellant
Versus
Chintala Narayana Rao – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P Durga Prasad
For the Respondent: C Venkaiah

JUDGMENT :

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellants/plaintiffs challenging the decree and Judgment dated 23.03.2009 in O.S. No.195 of 2005 passed by the learned IV Additional District Judge, Visakhapatnam (for short, 'trial court').

2. The appellants, who are the plaintiffs, filed the suit vide O.S. No.195 of 2005 seeking recovery of possession of the schedule property after evicting the defendants, their men and agents from the suit schedule property and also for damages of Rs.1,00,000/-for unauthorized occupation of the schedule property.

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

4. The brief averments of the plaint are as under :

The plaintiffs are the absolute owners of property spanning 170 sq. yards inclusive of an R.C.C., House with Door No.39-6-59 situated in Sy.No.9/5-part, 9/5A at Muralinagar (for short, ‘the suit schedule property’). The acquisition of the property took place through a registered sale deed dated 17.08.2005 for valid consideration from Ganni Veera Lakshmi. The plaintiffs could understand that the plaintiffs' vendors permitted the defendants to stay in the suit schedul

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