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2023 Supreme(Online)(AP) 18685

HIGH COURT OF ANDHRA PRADESH
K MANMADHA RAO, J
YENUMULA VENKATA LAKSHMAMMA (DIED) – Appellant
Versus
NATAVA LAKSHMI DEVI – Respondent


JUDGMENT:

The Second Appeal has been filed assailing the Judgment and Decree dated 20.006.2019, passed in A.S.No.37 of 2017 by the learned VI Additional District Judge, Markapur (in short “the first appellate court”) in setting aside the Judgment and decree dated 28.06.2017 in O.S.No.90 of 2004 passed by the learned Senior Civil Judge, Markapur (in short “the trial court”).

2. The parties will herein after be referred to as they are arrayed in the Original Suit for the sake of convenience.

3. The Appellants herein are the defendants; respondent is the plaintiff before the trial court.

4. The respondent/ plaintiff filed the suit for declaration of right and title of the plaintiff over the plaint schedule property and consequential permanent injunction restraining the defendants their men from interfering with peaceful possession and enjoyment of the plaintiff.

The averments in the plaint, in brief are as under:-

Originally suit schedule property belongs to one Pasam Chinna Kotaiah. After his demise in the year 1965, his wife and daughters inherited his properties and took possession. There was division over the joint family properties and respective shares were allotted to them respective

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