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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: S.A.No.132 of 2022
PROCEEDING SHEET
Sl.
ORDER
No DATE
1. 15.3.2022 BSB, J S.A.No.132 of 2022 The appellants are the defendants in O.S.No.25 of 2012 on the file of the learned Principal Senior Civil Judge at Tenali, which was filed by the legal heirs of late Thotakura Venkateswara Rao basing on a mortgage deed in favour of Thotakura Venkateswara Rao, seeking recovery of the amount under the mortgage deed. The suit was dismissed on 26.3.2016. Having aggrieved by the same, the plaintiffs preferred the appeal in A.S.No.13 of 2017 on the file of the learned XI Additional District Judge at Tenali. The appeal was allowed on 4.3.2020 and the suit was decreed against the property as well as defendant Nos.2 to 6 giving three months time for redemption. Having aggrieved by the same, defendants preferred the Second Appeal raising substantial questions of law, amongst other grounds, mainly challenging the impugned decree and judgment on the ground that the suit is not maintainable without production of Succession Certificate, as required under Section 373 of the Indian Succession Act, and also personal decree against defendant Nos.2 to 6 cannot be granted as the same is barred by limitation beyond three years from the date of endorsement.
In view of the above and other grounds raised by the appellants, it is a fit matter to admit the appeal.
Admit.
Notice to respondents.
Post the matter on 12.4.2022. Meanwhile, learned counsel for the appellants is permitted to take out personal service of notice through registered post with acknowledgment due on the respondents and file proof thereof.
___________ BSB, J I.A.No.1 of 2022 This application is filed for the following interim relief:-
"..... to stay the operation of the judgment and decree dt.04.03.2020 passed by XI Addl. District Judge, Tenali for recovery of money passed in A.S.No.13/2017 in the interests of justice and to pass..."
Notice to respondents.
Post on 12.4.2022.
Meanwhile, learned counsel for the petitioners is permitted to take out personal service of notice through registered post with acknowledgment due on the respondents and file proof thereof.
___________ BSB, J AMD