Sunnam Satyanarayana vs Smt.Kondapalli Nagamani
2021 Latest Caselaw 2878 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.370 of 2021

                            PROCEEDING SHEET

Sl.     Date                          ORDER                               OFFICE
No.                                                                        NOTE

 1.   04.8.2021 MVR,J
                         Second Appeal No.370 of 2021

                     Heard Sri T.N.M. Ranga 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 appellate Court followed the
                        procedure without making any application by
                        either parties and without giving notice or
                        opportunity to parties, framed the Additional
                        Issues and dismissed the appeal instead of
                        remitted back the matter to the original court,
                        is justified under Order XLI Rule 31 of CPC or
                        not?

                     2. Whether the Courts below have dismissed the
                        suit and confirmed the appeal by misreading
                        documentary evidence and ignoring the oral
                        evidence in the light of the judgments reported
                        in 2017 (3) ALD 100 (SC) and 2015 (4) ALD
                        135 (SC), is justified or not?

                     3. Whether both the Courts have not taken into
                        the source of title and ownership and conduct
                        of the defendants as per Section 52 and 104 of
                        Evidence Act, is justified or not?

                     Issue notice to the respondents 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 vasu