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2023 Supreme(Online)(AP) 7718

HIGH COURT OF ANDHRA PRADESH
3369 - T MALLIKARJUNA RAO
H.M.C.SUBHANJIRAO AND 11 – Appellant
Versus
HMP SUBHANJIRAO AND 2 – Respondent


JUDGMENT:

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the defendants challenging the decree and Judgment dated 20.10.2000 in O.S.No.02 of 2000 passed by the Senior Civil Judge, Gooty (for short, ‘trial court’).

2. Initially, the suit is filed before the Principal Senior Civil Judge, Anantapur, as O.S.No.26 of 1987. Subsequently, as per the orders of District Judge Anantapur dated 17.12.1999, the suit is transferred to Senior Civil Judge's Court, Gooty and numbered O.S.No.02 of 2000.

3. The parties will hereinafter be referred to as arrayed before the trial court.

4. Before noticing the pleadings, it is convenient to refer to the relationship of the parties. Admittedly, the Late H.M.Subhanjirao was the common ancestor of the parties. He had five sons, namely Papa Rao (S.1) through his first wife and other sons, namely Narasoji Rao (S.2), Swami Rao (S.3), Malkoji Rao (S.4) and Keloji Rao (S.5) through his second wife. The plaintiffs are the sons of Papa Rao (S.1). The defendants No.1 and 2 are the sons of Narasoji Rao (S.2); defendants No.3 to 5 are the sons of Swami Rao (S.3); defendants No.6 and 7 are the sons of Malkoji Rao (S.4). Keloji Rao is sho

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