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2024 Supreme(AP) 223

V. GOPALA KRISHNA RAO
Shaik Khadar Saheb (Died) – Appellant
Versus
Shaik Rahamthulla – Respondent


Advocates appeared:
S V Muni Reddy, for the Appellant; D Pani Kumar, M S R Chandra Murthy, for the Respondent.

JUDGMENT

V.Gopala Krishna Rao, J. - 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 03.08.2000, in O.S. No.8 of 1989 passed by the learned Senior Civil Judge, Kovur [for short 'the trial Court']. The Respondents herein are the plaintiffs in the said Suit.

2. The Plaintiffs 1 and 2 filed the above said suit for partition of plaint schedule properties into three equal shares by metes and bounds and to allot and deliver possession of two such shares to the plaintiffs 1 and 2 and directing the first defendant to pay the mesne profits to be ascertained on a separate application.

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.8 of 1989, are as under:

    One Sk.Nannu Saheb was a resident of Thimmayapalem. He was owning some properties. The plaintiffs 1 and 2, first defendant and one Sk.Kalesha are the sons of the said Nannu Saheb. Originally they were residents of Thimmayapalem village, but they left that village and settled at Atmakur and living together. The first defendant is t

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