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2023 Supreme(AP) 1263

V. GOPALA KRISHNA RAO
M. Satyanarayana Murthy (Died) By Lrs – Appellant
Versus
K. Ramalinga Swamy Naidu (Died) By Lrs – Respondent


Advocates appeared:
Mr. N. Vijay, Advocate, for the Appellant; Mr. G. Rama Gopal, Advocate, for the Respondent.

JUDGMENT

1. This Second Appeal is filed aggrieved against the Judgment and decree in A.S.No.225 of 1998 on the file of VIII Additional District & Sessions Judge (Fast Track Court), Visakhapatnam dated 22.02.2005 confirming the Judgment and decree in O.S.No.795 of 1996 on the file of Principal Junior Civil Judge, Visakhapatnam, dated 24.07.1998.

2. The appellants herein are the appellants in the lower appellate Court and the defendant(s) in the suit. The respondents herein are the respondents in the lower appellate Court and the plaintiffs in the suit.

3. The plaintiffs initiated action in O.S.No.795 of 1996 on the file of Principal Junior Civil Judge, Visakhapatnam, with a prayer to cancel the registered sale deed dated 06.07.1988, as the same is obtained by fraud, and for vacant possession of the plaint schedule property after evicting the defendant, him men therefrom and the costs of the suit.

4. The learned Principle Junior Civil Judge, Visakhapatnam decreed the suit with costs cancelling the Ex.A2 sale deed in favour of the defendant and the plaintiffs therein are entitled for recovery of vacant possession of the schedule property after evicting the defendant therefrom. Aggrieved t

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