K Sakunthalamma vs K N Swamy Naidu Died
2021 Latest Caselaw 2968 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.35 of 2019
                                       PROCEEDING SHEET
Sl.      Date                                         ORDER                                 OFFICE
No.                                                                                          NOTE
      10.08.2021   MVR,J                                                                    Tr. to I-
                                              S.A.No.35 of 2019                             O folder
                                                                                             before
                         Heard Sri Maheswar Rao Kuncham, learned counsel for                correcti
                                                                                             ons if
                   the 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 the 1st appellate Court right in setting aside the unequivocal finding arrived by the trial court that plaintiffs are at liberty to file a separate suit for partition and separate possession of their half share in view of peculiar facts and circumstances involved in the lis or not?

2. Whether the 1st appellate court is right in ignoring well settled principal presumption in favour of revenue entries, till contrary is proved. In fact, 1st appellate court erroneously observed that 'all the revenue documents issued by the revenue officials under the influence without visiting the schedule property' is it legally sustainable or not?

3. Whether the 1st appellate court has properly perceived to the cogent documentary evidence on records produced by the plaintiffs to substantiate their assertions as a final court of facts and without formulating the points for consideration etc. and whether such as judgment of the 1st appellate court is not vitiated by the law laid down by the Apex Court decision reported in 2017(3)HLT 174 SC or not?

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 second week of November, 2021.

______ MVR,J Pab