Unknown vs Whether The Findings Of The Lower ...
2021 Latest Caselaw 2820 AP

                    HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.340 of 2021
                                          PROCEEDING SHEET
Sl.      Date                                         ORDER                                       OFFICE
No.                                                                                                NOTE
1.    03.08.2021   MVR,J                                                                          Tr. to I-O
                                             S.A.No.340 of 2021                                     folder
                                                                                                    before
                                                                                                 correction
                           Heard Sri P.Durga Prasad, learned counsel for the                       s if any.
                                                                                                  Pl.verify.
                   appellant.
                           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 findings of the lower appellate Court are
                              in consonance with the mandatory provisions of Order
                              41 Rule 31 of the Code of Civil Procedure as the lower
                              appellate Court fails to assail cogent and convincing
                              reasons for reversing the findings of the trial Court?
                        2. Whether a presumption under Section 118 of the
                              Negotiable Instruments Act will still hold good even if
                              the execution of the promissory note to the plaintiff
                              is denied or not?
                        3. Whether the lower appellate Court utterly failed in
                              ignoring Section 269ST and Section 269SS of the
                              Income Tax Act, 1961 or not?
                        4. Whether the lower appellate Court is justified in
                              decreeing O.S.No.241 of 2005 by allowing A.S.No.90
                              of 2015 without answering the point raised in the
                              Cross Objections in A.S.No.89 that 'whether the
                              plaintiff    has   capacity     to   lend    an    amount    of
                              Rs.8,00,000/-      as    alleged     under   the    four    suit
                              promissory notes?
                        5. Whether the plaintiff by adducing cogent and
                              convincing evidence, succeeded in proving Ex.A1-
                              promissory note and whether he discharged his
                              burden in the said direction as per the provisions of
                              the Evidence Act?
                    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 Contd...

I.A.No.1 of 2021

Heard.

There shall be interim stay of all further proceedings including execution of the decree in O.S.No.241 of 2005 on the file of the Court of Additional Senior Civil Judge, Machilipatnam granted by the Court of learned I Additional District Judge, Krishna at Machilipatnam in A.S.No.90 of 2015 as per the decree and judgment dated 14.10.2019, subject to the petitioner depositing 25% of the decretal amount to the credit of the suit within six weeks from now, until further orders.

Notice.

______ MVR,J Pab