Garapati Surya Lakshmi vs Tadimeti Padmavathi
2021 Latest Caselaw 2966 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.310 of 2021
                                      PROCEEDING SHEET
Sl.      Date                                    ORDER                                    OFFICE
No.                                                                                        NOTE
      10.08.2021   MVR,J                                                                  Tr. to I-
                                          S.A.No.310 of 2021                              O folder
                                                                                           before
                         Heard learned counsel for the appellant.                         correcti
                                                                                           ons if
                           Upon consideration of the decrees and judgments of
                                                                                            any.
                   the trial Court as well as the 1st appellate Court, since the          Pl.verify
                                                                                              .

following substantial questions of law arise for determination in the second appeal, ADMIT.

1. Whether the Courts below are right in dismissing the suit which was filed for specific performance of the agreement of sale dated 15.03.1997 without formulating the issues to be formulated in a suit for specific performance and without appreciating the evidence available on record in a proper perspective?

2. Whether the Courts below are right in dismissing the suit holding that the plaintiff failed to prove the due execution of agreement of sale though the burden heavily lies on the defendants to prove that the agreement of sale dated 15.03.1997 is forged one?

3. Whether the judgment of the appellate Court is vitiated in failing to follow Order 41 Rule 31 CPC, since no points for determination are specifically framed?

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).

List the matter during third week of November, 2021.

______ MVR,J Pab