Peyyala Veeraiah, vs Kolluboyina Seshaiah,
2021 Latest Caselaw 2778 AP

                   HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE No.: S.A.No.264 of 2021


Sl.                                                                              OFFICE
No.      Date                                 ORDER                               NOTE

05)   02.08.2021    MVR,J
                            Heard Sri Balaji Medamalli, learned counsel
                    for the appellant and Sri C.Subodh, learned counsel
                    for the respondents. Upon considering the decrees

and judgments of the appellate Court and the trial Court, since the following questions of law arise for determination in this second appeal, ADMIT.

"1. Whether the lower appellate court is right in holding that plaintiff is not in legal possession of the property once the title deeds stands in the name of the plaintiff and the pattadar pass books stands in the name of the plaintiff, contrary to the presumption under Section 6 of AP rights in Land and Pattadar Pass Books Act, without there being any rebuttal evidence?

2. Whether the lower appellate Court is right in expand the scope of the suit beyond the claim and without there being any plea, issue or counter claim and in proceeding to decide the title without affording an opportunity to adduce evidence?

3. Whether the lower appellate Court is right in relying upon the report of the advocate commissioner in an injunction suit appointed at the instance of the defendant?"

List during second week of November 2021.

______ MVR,J I.A.No.1 of 2021

Sri C.Subodh, learned counsel for the respondents states that he has already filed counter vide USR No.370322 of 2021 dated 28.07.2021.

List this I.A.on 16.08.2021.

______ MVR,J Rns MVR,J 05.07.2021 Heard Sri S.Ramachandra Prasad, learned counsel for the appellant and Sri Ch.Siva Reddy, learned counsel for the respondents 2 to 4.

None appeared for other contesting respondents.

Reserved for judgment.

______ MVR,J Rns

10) PROCEEDING SHEET