HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE: SECOND APPEAL No.365 of 2021
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
MVR,J
1. 04.8.2021 Second Appeal No.365 of 2021
Heard Sri G.Venkata Subba Raju, learned
counsel for the appellants. Considering the decrees
and judgments of the trial Court as well as the first
appellate Court since the following substantial
questions of law arise for determination in this second
appeal, Admit:
1. Whether the first appellate Court is justified in
appreciating evidence on record relating to ejectment
of the defendants from items 1 and 2 of plaint
schedule properties, placing appropriate measure of
burden of proof?
2. Whether reversing the findings of the trial Court
relating to item No.3 of the plaint schedule properties
is justified and is in accordance with law being within
permissible limits of re-appreciation of evidence?
Issue notice to the respondent to submit
arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., AIR 2019 SC 3027 followed).
List during the 3rd week of November 2021.
________ MVR,J I.A.No.1 of 2021 Heard.
In the circumstances, interim stay of operation of decree in O.S.No.40 of 2006 dated 04.6.2012 on the file of the Court of learned Senior Civil Judge, Pithapuram, modified in A.S. No.237 of 2014 dated 04.3.2020 on the file of the Court of learned XII Additional District Judge, Pithapuram, subject to the petitioners depositing the suit costs awarded by the trial Court to the credit of the suit, within six weeks from now, and notice.
________ MVR,J vasu