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2023 Supreme(Telangana) 198

P. SREE SUDHA
Kothawalli Raji Reddy – Appellant
Versus
Kanukala Sathemma – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Nimmanagoti Srinivas, B. Mohan.
For the Respondent: M.S.N. Prasad.

JUDGMENT :

P. SREE SUDHA, J.

1. This appeal is filed against the Judgment and decree dated 02.08.2010 in O.S.No. 26 of 2006 passed by the learned Senior Civil Judge, Medak.

2. The respondent No. 1/plaintiff filed suit in O.S.No. 26 of 2006 for partition and also to declare the sale deeds executed in favour of the appellants/defendants No. 2 & 3 as null and void and to grant Perpetual Injunction. The trial Court examined P.Ws.1 to 3 on behalf of the plaintiff and marked Exs.A1 to A23. D.Ws.1 to 4 were examined on behalf of the defendants and marked Exs.B1 to B21. The trial Court considering the entire evidence on record, decreed the suit in favour of the plaintiff and declared the sale deeds as null and void and not binding on the plaintiff and also granted perpetual injunction against the defendants and the counter claim was dismissed. Aggrieved by the said Judgment, defendants No. 2 & 3 preferred the present appeal.

3. The appellants/defendants No. 2 & 3 mainly contended that plaintiff was declared as the owner of the suit schedule property basing on the Certified Copy of the Will under Ex.A3, even without producing the original Will. Plaintiff has not proved the loss of original Will

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