Allowed

Bhatraju Suri Babu v. Dokku Rama Lakshmi

Andhra Pradesh HC17 Dec 2024AS/497/2023

Case brief

AI extract

What is this about?

First appeal challenging dismissal of a suit seeking declaration of legal heirship of deceased Bhatraju Sujatha and entitlement to ornaments and monies was settled by a joint compromise memo between appellants and respondent No.1. The court recorded the compromise, allowed the interlocutory application, and allowed the appeal as compromised setting aside the trial court decree.

What did the court decide?

Appeal allowed as compromised; judgment and decree dated 08.02.2023 in O.S.No.1 of 2015 set aside; I.A.No.1 of 2024 recording compromise allowed; no order as to costs.

Bhatraju Suri Babu Vs Dokku Rama Lakshmi — Succession and Inheritance | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY, THE EIGHTEENTH DAY OF DECEMBER

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

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AND

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

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I.A.No.1 of 2024 in / and AS NO: 497 OF 2023

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Between:

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Bhatraju Suri Babu, , S/o Subba Rao, Aged about 56 years. Daily Labour, R/0.D.N0.5/191-B, Javvarupet, Sannalavari Street, Machilipatnam, Krishna District.

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Yelavarthi Padma, W/o Nageswara Rao, Aged about 66 years. House Wife, R/o Bantumilli Village and Mandal, Krishna District.

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Vallaboina Lakshmi, W/o Nageswara Rao, Aged about 54 years. House Wife, R/o. Opposite Rice Mill, Near Gandhibomma Sivalayam,

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Machilipatnam, Krishna District.

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Borla Krishnaveni, W/o late Subrahmanyam, Aged about 53 years. Housewife, R/o Tamarakollu, Kaikaluru Mandal, Krishna District

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...Appellant / Plaintiffs

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AND

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Dokku Rama Lakshmi, W/o Srinivas. D/o. G. Chintaiah. Aged about 36 years, R/o. Manikonda, Unguturu Mandal, Krishna District.

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The Superintendent of Police, Krishna at Machilipatnam.

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The Branch Manager, LIC of India, Machilipatnam (Respondent Nos. 2 & 3 are not necessary parties to the present Interlocutory Application )

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...Respondents / Defendants

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Petition under Order XXIIi Rule 3 r/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the compromise in terms of the annexed Memorandum of Terms of Compromise filed by^{ourselvesand1st} Respondent/1 St Defendant by receiving the same and record the compromise as per its terms. The Appeal Suit and I.A.No.1 of 2024 coming this day for order as to settlement in the presence of Sri Narasimha Rao Gudiseva, Advocate for the Appellant and Sri. Manikanta Thota. Advocate for the Respondents No. 1 and Sri. Sreedhar Valiveti, Advocate for the Respondents No.3 Appellant and the respondent through respective advocate, having filed I.A.No.1 of 2024 requesting the court to pass decree in terms of Memorandum of Compromise entered into between them and upon perusing the grounds of appeal. Judgment and decree of the Lower Court and the Joint Memorandum of Compromise purporting to have been signed by the parties and their advocates and filed with the said I.A No.1 of 2024 is appearing from the said Memorandum of compromise that the parties herein have entered into compromise and settled the matter in terms of compromise filed in I.A.No.1 of 2024. This Court DOTH RECORD the terms of the said Joint Memorandum of Compromise the original whereof is filed in the record of the said I.A.No.1 of 2024 and a copy whereof is annexed hereto and Doth in terms of the said Memorandum of Compromise, Order and decree as follows

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That the Appeal suit be and hereby is allowed.

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That the decree and judgment in O.S.No.l of 2005 on the file of the Principal District judge, Krishna at Machilipatnam be and are hereby set aside.

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That the I.A.No.1 of 2024 be and hereby is Ordered.

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That the terms and conditions of the compromise herein are

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A. That the 1®* Respondent has no objection to declare that the Appellants/Plaintiffs are the legal heirs of the deceased Bhatraju Sujatha, W/o Bhatraju B. That the Respondent has no objection to pay all the monitory benefits including the benefits payable to the legal heirs of the deceased Bhatraju Sujatha by 2nd Respondent/Superintendent of Police, Krishna, Machilipatnam.

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C. That the Respondent has no objection to pay the total policy amounts which are laying with the 3nd Respondent/L.I.C of India, Machilipatnam Branch, Krishna District.

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D. The 1®* Respondent has voluntarily came forward to compromise the matter with the Appellants/Plaintiffs with free will and consent and there are no pressures on either. E. That the 1 St Respondent has received an amount of Rs.5,00,000/towards the full and final settlement and she further agrees that she will not claim any amount or share over the properties which may be left by the deceased Bhatraju Sujatha.

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F. Both the Appellants and Respondent are hereby undertakes^that they will not file any civil or criminal cases against^eachother. G. That there be no order as to costs.

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Sd/- P. VENKATA RAMANA JOINT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal District Judge, Krishna at Machilipatnam.

¶35

The Superintendent of Police, Krishna at Machilipatnam.

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Three CD Copies

HIGH COURT

DATED:18/12/2024

DECREE

I.A.No.1 of 2024 in / and AS No: 497 of 2023

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ALLOWING THE IA.No.1 of 2024 and AS No: 497 of 2023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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WEDNESDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

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AND

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

¶51

I.A.No.l of 2024 in / and AS NO: 497 OF 2023

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Appeal filed under Section 96 and order 41 rule 1 of C.P.C, the Decree and Judgment dated 08-02-2023 in O.S.No. 1 of 2015 on the file of the Court of the Principal District Judge, Krishna at Machilipatnam consequently decree the Suit in favour of the Appellants/Plaintiffs . Between:

¶53

Bhatraju Suri Babu, , S/o Subba Rao, Aged about 56 years. Daily Labour, R/0.D.N0.5/191-B, Javvarupet Sannalavari Street, Machilipatnam, Krishna District.

¶54

Yelavarthi Padma, W/o Nageswara Rao, Aged about 66 years. House Wife, R/o Bantumilli Village and Mandal, Krishna District.

¶55

Vallaboina Lakshmi, W/o Nageswara Rao, Aged about 54 years. House Wife, R/o. Opposite Rice Mill Near Gandhibomma Sivalayam

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Machilipatnam, Krishna District.

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Borla Krishnaveni, W/o late Subrahmanyam, Aged about 53 years. Housewife, R/o Tamarakollu, Kaikaluru Mandal, Krishna District

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...Appellant / Plaintiffs

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AND

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Dokku Rama Lakshmi, W/o Srinivas, D/o. G. Chintaiah, Aged about 36 years, R/o. Manikonda, Unguturu Mandal, Krishna District.

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The Superintendent of Police, Krishna at Machilipatnam.

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The Branch Manager, LIC of India, Machilipatnam

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(Respondent Nos. 2 & 3 are not necessary parties to the present Interlocutory Application )

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...Respondents / Defendants

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lA NO: 1 OF 2024

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Petition under Order XXIII Rule 3 r/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the compromise in terms of the annexed Memorandum of Terms of Compromise filed by^{ourselvesand1st} Respondent/1 st Defendant by receiving the same and record the compromise as per its terms.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an order of Injunction against the Respondents/Defendants not to disburse the amounts^asmentioned in the Plaint 'A' & 13' Schedule Properties till the disposal of the main Appeal. Counsel for the Appellant: SRI NARASIMHA RAO GUDISEVA

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Counsel for the Respondent No.1: SRI MANIKANTA THOTA

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Counsel for the Respondent No. 3: SRI SREEDHAR VALIVETI The Court made the following: ORDER

APHC010398972023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

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AND

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THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

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LA. No.1 of 2024

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(Compromise Petition) IN/AND FIRST APPEAL No.497 of 2023

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Between:

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I.Bhatraju Suri Babu, S/o Subba Rao, Aged about 56^years,Daily Labourer, R/o.D.No.5/191-B, Jawarupet, Sannalavari^Street, Machilipatnam, Krishna District, and others.

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...Appellants

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AND

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1 .Dokku Rama Lakshmi, W/o Srinivas, D/o.G.Chintaiah,^Agedabout36

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years R/o.Manikonda, Unguturu Mandal, Krishna District, and^others.

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...Respondents

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Counsel for the Appellants:

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1 .NARASIMHA RAO GUDISEVA

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Counsel for the Respondents:

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1.MANIKANTA THOTA

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2.SREEDHAR VALIVETI

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The Court made the following JUDGMENT: (per NJS,J)

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This appeal is filed assailing the judgment and decree^{dated08.2.2023} dismissing O.S.No.1 of 2015 on the file of the Court^{ofthePrincipalDistrict} Judge, Krishna at Machilipatnam filed by the appellants^{hereinseeking} to declare them as Legal Heirs of deceased Bhatraju Sujatha^{andbeinglegal}

¶96

heirs they are entitled to receive the gold ornaments^lyingwith 1 St defendant and the amounts lying with the respondent Nos.2 and^3.

¶97

I.A.No.j of 2024:

¶98

This application is filed by the appellants and respondent^No.1seeking to record the compromise entered into between them,^by stating that the respondent Nos.2 and 3 are not necessary parties to^{thisapplication.}

¶99

Heard the learned counsel for the petitioners/appellants. Also heard the learned counsel for the respondent No.1.

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The appellants as well as respondent No.1, who are^{identifiedbytheir} respective counsel, are present before this Court and^onbeing specifically asked, both the parties confirmed the terms of compromise^recorded in the joint memorandum of compromise dated 18.6.2024 appended to the application. As the parties voluntarily agreed to settle^{thedisputeamicably} and the terms and conditions are reduced into writing by way of a joint memo, this Court is inclined to record the terms of compromise, and accordingly I.A. No.1 of 2024 is allowed.

¶101

APPEAL SUIT No.497 of 2023:

¶102

In view of the orders passed by this Court in I.A.^No.1 of 2024, this Appeal Suit is allowed as compromised, setting aside the judgment and decree dated 08.2.2023 in O.S.No.1 of 2015 on the file of the Court of the Principal District Judge, Krishna at Machilipatnam. No order as to costs. Registry is directed to annex a copy of the joint compromise^memo to this judgment. Sd/- P. VENKATA RAMANA

¶103

Sd/- P. VENKATA RAMANA JOINT REGISTRAFt

//TRUE COPY//

SE FFICER

To,

The Principal District Judge, Krishna at Machilipatnam^{(withrecords)}

¶108

The Superintendent of Police, Krishna at Machilipatnam.

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One CC to Sri Narasimha Rao Gudiseva Advocate [OPUC]

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One CC to Sri Manikanta Thota, Advocate [OPUC]

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One CC to Sri Sreedhar Valiveti, Advocate [OPUC]

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The Section Officer, V R Section, High Court of^{AndhraPradeshat} Amaravathi.

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Three CD Copies

¶114

(Enclosing the compromise memo)

HIGH COURT

DATED:18/12/2024

JUDGMENT + DECREE

I.A.No.1 of 2024 in / and AS No: 497 of 2023

¶120

OF
g 0 9 JAN 2025 ||
. Current Section

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ALLOWING THE IA.No.1 of 2024 and AS No: 497 of 2023

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—If,

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IN THE HIGH COURT OF ANDHIUV PRADESH AT AMARAVATHI

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A.S.No. 497 OF 2023

¶125

Between:-

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Bhatrajii Suri Babu and 3 others

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APPELLANTS

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Dokku Rama Lakshmi and two others RESPONDENTS

¶129

memorandum of terms of COMPPDMT.^f

¶130

It IS submitted that the Appellants being the Plaintiffs in the Trial Court have filed a Suit in O.S. No. 1/2015 on the file of the Court of the Principal District Judge, Machilipatnam giant of Decree in their favour and against the Defendants declaring the Appellants/Plaintiffs as legal heirs of the Deceased Bhatraju Sujatha and entitle to receive gold ornaments laying with D' Respondent/l" Defendant and also the amounts laying with Respondents 2 & 3/Defendants 2 & 3 to a tune of Rs. 15,00,000/- and Rs.6,10,000/- respectively which are specifically mentioned in the A to C Schedules of the Plaint. It ISi submitted that the Respondents/Defendants have filed their Written Statements and resisted the suit claim. The learned Prl. District Judge dismissed the Suit by her Decree and Judgment dated 08-02-2023.

¶131

It is submitted that the Appellants/Plaintiffs having the aggrieved by Decree and Judgment dated 08-02-2023 have preferred the present First Appeal which is pending for consideration.

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It is submitted that due to intervention of both side elders and well wishers have pacified the issues in between the Appellants and L' Respondent, accordingly both have expressed to compromise the First Appeal as per the terms mentioned below:

¶133

^ L/ c?
La
<aj
IT OR

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A. That the P' Respondent has no objection to declare^{thattheAppellants/Plaintifts} . are the legal heirs of the deceased Bhatraju Sujatha, W/o^Bhatraju

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all the monitory benefits B. That the 1 Respondent has no objection to pay including the benefits payable to the legal heirs of^{thedeceasedBhatrajuSujathaby} 2"^' Respondent/Superintendent of Police, Krishna,^{Machilipatnam.}

¶136

C. That the Respondent has no ibjcciion to pay the total policy amounts which are laying with the 3"“ Respondent/L.I.C of India,^{MachilipatnamBranch.Krishna} District.

¶137

D. The B' Respondent has voluntarily came forward to^{compromisethematteiwith} the Appellants/Plaintiffs with free will and consent^{andtherearenopressures} on either.

¶138

E. That the B‘ Respondent has received an amount of Rs.5,00,000/- towards the full and final settlement and she farther agrees that she^{willnotclaimanyamountor} share over the properties which may be left by the^{deceasedBhatrajuSujatha.}

¶139

are hereby undertakes that they will not F. Both the Appellants and B‘ Respondent file any civil or criminal cases against each other.

¶140

In view of the above memorandum of terms of compromise,^both the are hereby pray that this Appellants/Plaintiffs and B' Respondent Defendants Hon’ble Court may be pleased to pass the compromise^{decreeintermsofthe} memorandum of the terms of compromise in A.S.No.497/2023^{onthefileofthis} Hon’ble Court. Otherwise, we would be put to severe^{irreparablelossandhardship.} Hence this Memo.

» ■'.

:f.

1^' APPELLANT (S^CJ 07 2"^^ APPELLANT 3^^* APPELLANT L5~t oV jf LpS COUNSEL FOR THE APPELLANTS (^. /Oo.>c»A

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L‘RESPONDENT ^

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COUNSEL FORTHE U‘RESPONDENT

Bhatraju Suri Babu v. Dokku Rama Lakshmi

Case brief

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Bhatraju Suri Babu v. Dokku Rama Lakshmi

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