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2021 Supreme(Ori) 173

D.DASH
Tangudu Janaradhan Rao – Appellant
Versus
Madhuritha Rath – Respondent


Advocates Appeared:
S.S. Rao, Advocate, B.K. Mohanty, Advocate, S. Sailaja, Advocate

JUDGMENT

D.Dash, J. - The unsuccessful Plaintiff has filed this Appeal under Section-100 of the Code of Civil Procedure (hereinafter called as 'the Code') in challenging the judgment and decree dated 06.08.2012 & 14.08.2012 respectively passed by the learned District Judge, Rayagada in RFA No.13 of 2010.

    By the said judgment, learned First Appellate Court has confirmed the judgment and decree passed by the learned Civil Judge (Junior Division), Rayagada in TS No. 9 of 2005.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to as they have been arraigned in the trial court.

3. The facts of the rival case of the parties as necessary for the purpose are as under:-

    The Plaintiff state that he with the Defendants (three numbers) are the joint owners of the suit property and they had purchased the same from one Dodla Satya Narayana for a consideration of Rs. 40,000/- by registered sale deed dated 29.3.1997.

    It is further stated that the Plaintiff and each of the Defendants had their equal contribution towards the said consideration. The Plaintiff now claims partition of the said property which is the subject matter of

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