K.M.Krishnaiah vs Sri Tirumala Tirupati ...
2021 Latest Caselaw 2922 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO.: S.A.No.182 of 2021
                                PROCEEDING SHEET
Sl.   Date                                   ORDER                                OFFICE
No.                                                                                NOTE
05 06.08.2021    MVR,J
                                    S.A.No.182 of 2021

                         Heard Sri Srinivas Basava, learned counsel for the
                 appellants and Sri S.S.Prasad, learned Senior counsel,
                 for Smt. C. Sindhu Kumari, learned counsel for the
                 respondent. Considering the decrees and judgments of

the 1st appellate Court and the trial Court, since the following substantial questions of law arise for determination in this second appeal, ADMIT.

1. Whether the lower appellate Court is right in not deciding the case issues on the aspect of limitation for cancellation of any contract or rescission of the contract is 3 years as per Article 59 of the Limitation Act and that Section 80(1)(a) of Endowments Act, 1987 was not applicable to respondent and that respondent is governed by the provisions available in separate Chapter-14 in the Endowments Act, 1987?

2. Whether the judgment of the Courts below are not vitiated in as much as they have misread and misconstrued both the oral and documentary evidence on record?

List during the 4th week of November, 2021. Call for records.

_____ MVR,J I.A.No.1 of 2021

Heard. In the circumstances, there shall be interim stay of the execution of the decree in O.S.No.314 of 2003 dated 15.09.2011 on the file of the Court of the learned Additional Senior Civil Judge, Tirupati confirmed in A.S.No.141 of 2011 by the decree and judgment dated 30.12.2019 on the file of the Court of the learned X Additional District Judge, Tirupati.

_____ MVR,J RR