Guntupalli Subbarayudu, vs Mukka Siva Sankar Reddy,
2021 Latest Caselaw 2992 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.377 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                    ORDER                                     OFFICE
No.                                                                                         NOTE
2.    11.08.2021   MVR,J                                                                   Tr. to I-
                                           S.A.No.377 of 2021                              O folder
                                                                                            before
                        Heard Sri Balaji Medamalli, 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 the Courts below are right in not considering the pendente lite transaction hit by Section 52 of the Transfer of Property Act?

2. Whether the Courts below are right in decreeing the suit without adding proper and necessary parties to the suit as the vendor of the plaintiff and the plaintiff were parties to O.S.No.74 of 2004 on the file of the Court of learned Senior Civil Judge, Rajampet?

3. Whether the Courts below are right in decreeing the suit without appreciating that the plaintiff was not in possession of the property as the vendor of the plaintiff has categorically deposed before the Court in O.S.No.74 of 2004 that he has discharged debt and sought for redemption mortgage/conditional sale deed?

4. Whether the Courts below are right in holding that the defendant is not bonafide purchaser and having noticed that in the suit filed by the defendant the plaintiff and his vendor are parties and the said suit has been decreed and the plaintiff and his vendor are aware of the said proceedings? 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 Contd...

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.493 of 2005

dated 21.07.2017 on the file of the Court of learned Junior

Civil Judge, Railway Kodur, confirmed in A.S.No.20 of 2017

by the decree and judgment dated 06.01.2020 on the file of

the Court of learned III Additional District Judge, Kadapa at

Rajampet, until further orders, subject to the petitioners

depositing the suit costs to the credit of the above in the

trial Court within six weeks from now.

Notice.

______ MVR,J

Pab