Pappala Venkata Ramana, vs Bankapalli Mohan Rao,
2021 Latest Caselaw 2924 AP

               HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

    MAIN CASE: SECOND APPEAL No.387 of 2021
                               PROCEEDING SHEET

  SL.                                                                          OFFICE
        DATE                             ORDER
  No.                                                                          NOTE

HCJ
  1.& 06.8.2021
      RSR, J    MVR, J
                              Second Appeal No.387 of 2021

                      Heard Sri D.Gopala Krishna, learned counsel,
                for Sri Sravan Kumar Naidana, 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 suit was barred by limitation as per
                    the agreement of sale?
                 2. Whether the appellate Court and the trial Court
                    were proper in relying upon the decision of the
                    Hon'ble Supreme Court in Chand Rani vs. Kamal
                    Rani, (1993)1 SCC 519, and whether this decision
                    is applicable to the present and the proposition of
                    'Time is not the essence of the contract' is justifiable
                    to the present case?
                 3. Whether there is proof of ready and willingness in
                    performing the contract under the suit agreement
                    of sale?
                      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, there shall be interim stay of operation of decree in O.S.No.146 of 2015 dated 10.7.2019 on the file of the Court of learned Senior Civil Judge, Bobbili, confirmed in A.S.No.41 of 2019 dated 18.6.2021 on the file of the Court of learned II Additional District Judge, Vizianagaram at Parvathipuram, subject to the petitioner depositing the costs awarded by the trial Court as well as the appellate Court to the credit of the suit within a period of six weeks from now, until further orders.

__________ MVR, J vasu