Dadi Tata Rao vs Bendapudi Mallikarjuna Rao
2021 Latest Caselaw 2946 AP

               HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

    MAIN CASE: SECOND APPEAL No.153 of 2020
                               PROCEEDING SHEET

  SL.                                                                       OFFICE
        DATE                            ORDER
  No.                                                                        NOTE

HCJ
  6.& 09.8.2021
      RSR, J    MVR, J
                                   I.A. No.1 of 2020

                       Heard Sri N.H. Akbar, learned counsel for the
                petitioners. None represented the respondents.

Accepting the reasons assigned in the affidavit filed in support of this petition, delay of 662 days in filing this Second Appeal is condoned.

This petition is allowed. No costs.

__________ MVR, J Second Appeal No.153 of 2020

Heard Sri N.H. Akbar, learned counsel for the appellants. 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 first appellate Court properly applied Section 38 of the Specific Relief Act, in the circumstances of the case?

2. Whether appreciation of evidence by both the Courts below is proper and if the findings recorded therein suffer from perversity? 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 last week of September 2021.

__________ MVR, J I.A.No.2 of 2020

Heard.

In the circumstances, there shall be interim stay of operation of the decree in O.S.No.491 of 2003 dated 02.6.2010 on the file of the Court of learned IV Additional Senior Civil Judge, Visakhapatnam, confirmed in A.S.No.151 of 2010 dated 19.1.2018 on the file of the Court of learned IV Additional District

SL. OFFICE DATE ORDER No. NOTE Judge, Visakhapatnam, until further orders, subject to the petitioners 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, and notice.

__________ MVR, J vasu