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2018 Supreme(Online)(Tel) 3107

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A.V.SESHA SAI, J
Venkata Suryanarayana Raju and others – Appellant
Versus
P.Rama Devi and others – Respondent


Advocates:
For the Appellants/Petitioners: Sri M.Adinarayana Raju
For the Respondents: Sri V.S.R.Anjaneyulu

COMMON JUDGMENT:

Since these two appeals arise out of one suit and as the parties are also the same, this Court deems it appropriate to dispose of these appeals by way of this common judgment.

2. Defendants 1, 3 and 4 in O.S.No.26 of 1986 on the file of the Court of Subordinate Judge, Eluru, West Godavari District are the appellants. A.S.No.1482 of 1994 is directed against the judgment and preliminary decree of partition dated 8.8.1994 passed by the said Court. A.S.No.215 of 2000 is against the order and final decree dated 2.4.1998 passed by the said Court in I.A.No.1382 of 1994.

3. First respondent herein instituted the said suit for partition of the schedule properties. Suit schedule property is an extent of Ac.26-01 cents in Survey No.827/4 (old Survey No.793/4) of Pedavegi village, Eluru Taluk, West Godavari district. Though, the plaintiff initially claimed 1/5th share, later in view of the death of Defendant No.2-father pending suit, eventually claimed 1/4th share. For the sake of convenience and brevity, this Court deems it appropriate to refer to the parties as arrayed in the Court below.

4. Plaintiff is the sister of Defendant No.1 and daughter of Defendant Nos.2 and 3 and Defe

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