Kudumula Giri vs S K Basha
2021 Latest Caselaw 2994 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.368 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                    ORDER                                  OFFICE
No.                                                                                      NOTE
2.    11.08.2021   MVR,J                                                                Tr. to I-
                                          S.A.No.368 of 2021                            O folder
                                                                                         before
                         Heard Sri T.D.Phani Kumar, learned counsel for the             correcti
                                                                                         ons if
                   appellant.
                                                                                          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 trial Court is justified in appreciating the flow of title and possession of the plaintiff through a registered settlement deed, Ex.A1 confers the lawful possession of the plaintiff in the absence of rebuttal evidence of PWs.1 and 2 and whether the 1st appellate Court is justified in upholding the same?

2. Whether the trial Court is justified in holding that the title deed of mother of the plaintiff not filed to establish the flow of title in the absence of denial on part of defendant with regard to title of mother of plaintiff, on admitted facts needs to be proved though Section 58 of the Evidence Act speaks admitted facts need not to facts? 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 last week of October, 2021.

______ MVR,J I.A.No.1 of 2021

Notice.

______ MVR,J

Pab