N Chinnayya vs N Sambasiva
2021 Latest Caselaw 2866 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.365 of 2021

                                 PROCEEDING SHEET

Sl.     Date                                  ORDER                             OFFICE
No.                                                                              NOTE

                  MVR,J
 1.   04.8.2021                 Second Appeal No.365 of 2021

                        Heard Sri G.Venkata Subba Raju, learned
                  counsel for the appellants. 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 first appellate Court is justified in
                      appreciating evidence on record relating to ejectment
                      of the defendants from items 1 and 2 of plaint
                      schedule properties, placing appropriate measure of
                      burden of proof?

                   2. Whether reversing the findings of the trial Court
                      relating to item No.3 of the plaint schedule properties
                      is justified and is in accordance with law being within
                      permissible limits of re-appreciation of evidence?

                        Issue    notice   to the respondent 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 3rd week of November 2021.

________ MVR,J I.A.No.1 of 2021 Heard.

In the circumstances, interim stay of operation of decree in O.S.No.40 of 2006 dated 04.6.2012 on the file of the Court of learned Senior Civil Judge, Pithapuram, modified in A.S. No.237 of 2014 dated 04.3.2020 on the file of the Court of learned XII Additional District Judge, Pithapuram, subject to the petitioners depositing the suit costs awarded by the trial Court to the credit of the suit, within six weeks from now, and notice.

________ MVR,J vasu