Citation : 2021 Latest Caselaw 3002 AP
Judgement Date : 11 August, 2021
HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE: SECOND APPEAL No.463 of 2005
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
9. 11.8.2021 MVR,J
Second Appeal No.463 of 2005
Heard Sri O.Manoher Reddy, learned counsel
for the appellant and Sri K.Mohan Rami Reddy,
learned counsel for the respondents. 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 Courts below are in error in not taking into consideration the recitals in Exs.B6, B7, B20, B21 and B22 wherein it is mentioned that the appellants are the children of Mastan Ali and in not drawing the presumption that there is a marriage between the 1st defendant and late Mastan Ali?
2. Whether the Courts below acted legally in not drawing the presumption of marriage even though the documents prior to the filing of the suit clearly show that the 1st defendant is the wife of late Mastan Ali?
3. Having regard to the fact that the appellants are exercising right of ownership over the said property for more than 12 years, whether the Courts below acted legally in rejecting the plea of adverse possession?
List this matter during the 3rd week of November 2021 under the caption "Final Hearing".
________ MVR,J vasu
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