Gondu Thavudu vs Nakka Chinnamma
2021 Latest Caselaw 2867 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.78 of 2021
                                     PROCEEDING SHEET
Sl.      Date                                  ORDER                                  OFFICE
No.                                                                                    NOTE
5.    04.08.2021   MVR,J                                                              Tr. to I-O
                                          I.A.No.2 of 2021                              folder
                                                                                       before
                                                                                      correctio
                           Heard.                                                     ns if any.
                                                                                      Pl.verify.
                           For the reasons stated in the affidavit filed in
                    support of this petition, delay of 2 days in presenting the
                    appeal memo is condoned.
                        Accordingly, this petition is allowed.

                                                                             ______
                                                                             MVR,J
                                         S.A.No.78 of 2021

                           Heard Sri K.S.Gopala Krishnan, learned counsel for
                    the 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 Courts below went wrong in
                             decreeing the suit of the plaintiffs and dismissing
                             the appeal solely based upon the dismissal of suit
                             for specific performance of agreement of sale
                             filed by the appellant herein in O.S.No.688 of
                             2006, which was confirmed in A.S.No.2 of 2018?
                         2. Whether the 1st appellate Court failed to frame
                             the     points   for    consideration     for     the
                             determination of appeal rather framing the
                             omnibus points as points for consideration in
                             breach of Order 41 Rule 31 C.P.C. which alone
                             ground for remand?
                       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 first week of October, 2021.

______ MVR,J

Contd..

.....contd...

04.08.2021 I.A.No.3 of 2021

Heard.

There shall be interim stay of execution of the decree in O.S.No.409 of 2006 dated 30.01.2017 on the file of the Court of learned Principal Junior Civil Judge, Srikakulam, confirmed by the learned Principal District Judge, Srikakulam in A.S.No.57 of 2018 dated 27.06.2019, until further orders.

Notice.

______ MVR,J Pab