S GULAM MOHAMMED ALI Vs. S MASTHAN SAHEB
LAWS(APH)-2005-11-69
HIGH COURT OF ANDHRA PRADESH
Decided on November 25,2005

S.GULAM MOHAMMED ALI Appellant
VERSUS
S.MASTHAN SAHEB Respondents

JUDGEMENT

B.Prakash Rao, J. - (1.)Heard the learned counsel appearing on either side and at their request, the main appeal itself is taken up for disposal.
(2.)This appeal is at the instance of the defendant against the final decree passed in I.A.No.83 of 1999, dated 28-8-2000, on the file of the Senior Civil Judge, Madanapalle.
(3.)Few facts which are necessary for disposal of this appeal are that in the suit filed by the respondent herein for the relief of partition and separate possession, preliminary decree was passed as long back as in the year 1979 and in pursuance of which, final decree proceedings were subsequently taken up in I.A.No.83 of 1999, wherein a commissioner was appointed and the commissioner has filed his report. Further, it is the case of the counsel appearing on either side that they have filed objections to the said report. However, the main complaint on behalf of the appellant is that the Court below disposed of the matter by mere passing final decree without there being any judgment or finding on merits.


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