Chintakayalavasudevarao, vs Vadarevunageswararao
2021 Latest Caselaw 2943 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.367 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                     ORDER                                  OFFICE
No.                                                                                       NOTE
2.    09.08.2021   MVR,J                                                                 Tr. to I-
                                           S.A.No.367 of 2021                            O folder
                                                                                          before
                         Heard Sri K.Venkat Rao, learned counsel for the                 correcti
                                                                                          ons if
                   appellants.
                                                                                           any.
                           Upon consideration of the decrees and judgments of            Pl.verify
                                                                                             .

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 a suit for specific performance can be decreed where the defendants have no right over the property in case of joint family property?

2. Whether a suit for specific performance can be decreed where the limitation for filing the same is expired on the ground that the document has not specified the time for completing the transaction?

3. Whether a suit for specific performance can be decreed where the plaintiff fails to prove the contents of the agreement?

Issue notice to the respondent 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 second week of November, 2021.

______ MVR,J I.A.No.1 OF 2021 Heard.

There shall be interim stay of all further proceedings including execution of the decree in O.S.No.55 of 1999 dated 15.09.2016 on the file of the Court of learned Junior Civil Judge, Kotabommali, confirmed by the learned I Additional District Judge, Srikakulam in A.S.No.88 of 2016 dated 29.01.2020, subject to the petitioners depositing the costs awarded by the trial Court as well as the appellate Court, within six weeks from now to the credit of the suit, until further orders.

Notice.

______ MVR,J Pab