Agharam Radhakrishna Reddy, vs Talari Subramanyam,
2021 Latest Caselaw 2920 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.522 of 2016
                                     PROCEEDING SHEET
Sl.      Date                                   ORDER                                OFFICE
No.                                                                                   NOTE
3.    06.08.2021   MVR,J                                                             Tr. to I-O
                                        S.A.No.522 of 2016                             folder
                                                                                      before
                                                                                     correctio
                     Heard Sri S.Subba Reddy, learned counsel for the                ns if any.
                                                                                     Pl.verify.
                    appellants and Sri P.Jagadish Chandra Prasad, learned
                    counsel for the respondents.

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 judgment and decree of the lower appellate Court are vitiated in ignoring to consider the principle that the plaintiff has to prove possession over the property on the date of filing of the suit and the plaintiff cannot rely upon the laches of the defendant?

2. Whether the judgment of the lower appellate Court is vitiated in not framing the points for consideration under Order 41 Rule 31 C.P.C? 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).

______ MVR,J I.A.No.1 OF 2016 (SAMP No.1308 of 2016)

List on 16.09.2021.

______ MVR,J Pab