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2024 Supreme(AP) 145

T. MALLIKARJUNA RAO
Jagarlamudi Srinivsa Rao, S/o Vibheeshanudu – Appellant
Versus
Konatham Srilakshmi, D/o Anji Reddy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Nimmagadda Satyanarayana
For the Respondent: G Veerendra Nadh Babu

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/defendants 3 and 4 challenging the decree and Judgment dated 22.02.2013 in O.S. No.58 of 2008 passed by the learned Senior Civil Judge, Addanki (for short, 'the trial court').

2. Respondents 1 and 2 are the plaintiffs 1 and 2, who filed the suit in O.S.No.58 of 2008 seeking partition of the plaint schedule property into four equal shares and deliver separate possession of one such share to each of them. Respondents 3 and 4 are the Defendants 1 and 2 in the said 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) Approximately 35 years ago, the joint family, comprising the 1st Defendant and his deceased father, Mallareddy, possessed ancestral property measuring Ac.6.00 cents of land and Ac.0.15 cents site in their native village, Kondamur. After migrating to Reningavaram and settling there around 30 years ago, Mallare

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