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2023 Supreme(Telangana) 487

M. G. PRIYADARSINI
P. Janardhan Rao, S/o. Ramulu Gupta – Appellant
Versus
Pola Mohan Rao, S/o. Late Ramulu Gupta – Respondent


Advocates Appeared:
For the Appellant : Mr. Mummaneni Srinivasa Rao.
For the Respondent: Mr. M.M.M. Srinivasa Rao.

ORDER :

This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the orders of the learned Senior Civil Judge at Sathupally assailing the orders dated 11.11.2019 made in I.A. No. 685 of 2015 in I.A. No. 943 of 2014 in O.S. No. 11 of 1989. By the impugned order, the learned Senior Civil Judge allowed the application filed by the plaintiff, respondent No. 1 herein, under Section 151 C.P.C. read with Section 3 of the partition Act, 1893 for conducting auction of the suit schedule-A property among the parties to the lis in the open Court.

2. The chequered events of the case are that the respondent No. 1 herein instituted O.S. No. 11 of 1989 for partition and separate possession of suit schedule properties, wherein, a preliminary decree was passed on 22.07.1991 dividing the suit schedule A, B and part-I of C schedule properties into 1/6th equal shares. Out of the said items of schedule properties, schedule-A property is immovable property, and seeking its division, by way of final decree, I.A. No. 943 of 2014 came to be filed by the plaintiff. The Advocate-Commissioner, who was appointed to divide the schedule-A property as per the preliminary decr

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