Madala Venkata Mallika, Vs Madala Kotaiah

This second appeal is filed against the judgment and decree, dated 22.03.2010, in A.S.No.41 of 2008, on the file of the learned VI Additional District Judge, Markapur, whereby he has confirmed the judgment and decree, dated 28.01.2008, in O.S.No.34 of 2001, on the file of the learned Senior Civil Judge, Darsi.

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At the hearing, Sri Raja Reddy Koneti, learned counsel for the appellant, stated that respondent Nos.1 and 2 have died after filing of the second appeal and that right to sue does not survive against respondent No.4. He has further stated that no relief is claimed against respondent No.3 and that hence the second appeal has abated.

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In view of the above submissions of the learned counsel, the second appeal is dismissed as abated. However, the appellant is left free to make appropriate claim in the final decree proceedings in the event alteration of shares occurred on account of the death of respondent Nos.1 and 2.

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C.V.NAGARJUNA REDDY, J 04^th October, 2013 VGB

Madala Venkata Mallika, v. Madala Kotaiah

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Madala Venkata Mallika, v. Madala Kotaiah

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