S.Rajesh Reddy vs E.Ramanadham Naidu,
2021 Latest Caselaw 2813 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.357 of 2021
                                     PROCEEDING SHEET
Sl.      Date                                     ORDER                                  OFFICE
No.                                                                                       NOTE
1.    03.08.2021   MVR,J                                                                Tr. to I-O
                                          S.A.No.357 of 2021                              folder
                                                                                         before
                           Heard Sri V.R.Reddy Kovvuri, learned counsel for the         correctio
                                                                                        ns if any.
                   appellants.                                                          Pl.verify.
                           Upon consideration of the decrees and judgments of
                   the trial Court as well as the 1st appellate Court, since the
                   following     substantial    questions     of   law   arise    for
                   determination in the second appeal, ADMIT.
                             1. Whether the lower appellate Court is right in
                                 dismissing the suit holding that the plaintiffs are
                                 not entitled for redemption of the mortgage,
                                 having held that as per the recitals of the
                                 Ex.A1=Ex.B1, the transaction which taken place
                                 is a mortgage by conditional sale as is envisaged
                                 under Section 58(c) of the Transfer of Property
                                 Act, 1882 and the suit is filed within the period
                                 of limitation as is provided under Article 61(a)
                                 of the Limitation Act, 1963 or not?
                             2. Whether the lower appellate Court is right in
                                 holding that the defendant No.2 lost his right to
                                 redeem     the    suit     schedule   property   on
                                 08.09.1991 and hence the plaintiffs are not
                                 entitled for redemption of mortgage as is
                                 provided under Article 61(a) of the Limitation
                                 Act, 1963 or not?
                    Issue notice to the respondents to submit arguments in

respect of above substantial questions of law(Arulmighu Nellukadai Mariamman Tirukkoil v. Tamilarasi(dead) by Lrs. (AIR 2019 SC 3027) followed). List the matter during the second week of November, 2021.

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

In the meantime, file certified copy of the judgment and decree of the trial Court.

______ MVR,J Pab