V V Satyanaryna vs K Subba Rao
2021 Latest Caselaw 2791 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.341 of 2021

                              PROCEEDING SHEET

Sl.     Date                             ORDER                                    OFFICE
No.                                                                                NOTE

 1.   02.8.2021 MVR,J
                                     I.A.No.1 of 2021
                     Heard.
                     For the reasons stated in the affidavit filed in
               support   of   this   petition,   delay   of   581   days    in
               representing the Memorandum of Appeal is condoned.
                     This petition is allowed. No costs.
                                                                    ________
                                                                     MVR,J
                         Second Appeal No.341 of 2021

                     Heard Sri B.V.Rama Rao, learned counsel for
               the appellant. 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 suit filed by the respondent No.1/

plaintiff is maintainable under the provisions of the specific Relief Act?

2. Whether the suit filed by the respondent No.1 is hit by res judicata?

3. Whether the suit filed by the respondent No.1/ plaintiff is bad for non-joinder of necessary parties?

Issue notice to the respondent No.1 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 1st week of November 2021.

________ MVR,J vasu