L.Lakshmamma vs M. Murugesan
2021 Latest Caselaw 3028 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.398 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                     ORDER                                        OFFICE
No.                                                                                             NOTE
      13.08.2021   MVR,J                                                                       Tr. to I-O
                                                                                                 folder
                                                                                                before
                                            I.A.No.1 of 2021                                  corrections
                                                                                                if any.
                                                                                               Pl.verify.
                            Heard.

                           In the circumstances, this petition is allowed.


                                                                                  ______
                                                                                  MVR,J
                                           S.A.No.398 of 2021

                        Heard Sri Ch.Venkat Raman, learned counsel for the
                   appellant.
                           Upon consideration of the decrees and judgments of
                   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   appellate     Court   is    justified    in
                               reversing the judgment of trial Court by following
                               the principles laid down by the Hon'ble court and
                               as well as Apex Court?
                        2. The appellate Court followed the principles laid
                               down in 2008(5) ALT 192 in Baddam Pratap Reddy
                               v. Chennadi Jalapathi Reddy in respect of no prior
                               demand before filing of the suit?
                        3. Whether        the appellate Court considered the
                               judgment reported in 2019(1) ALT 30 of Supreme
                               Court in Kamal Kumar v. Premalatha Joshi, in
                               respect of Sections 16(c), 20, 21 and 23 of the
                               Specific Relief Act?
                        4. Whether the 1st respondent discharged his burden

for seeking specific relief? 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

Contd...

I.A.No.2 of 2021

Heard.

In the circumstances, there shall be interim stay of

operation of the decree in O.S.No.1334 of 2001 on the file of

the Court of learned I Additional Junior Civil Judge, Tirupati,

confirmed in A.S.No.100 of 2012 by the decree and

judgment dated 13.08.2019 on the file of the Court of

learned V Additional District Judge, Tirupati, until further

orders.

Notice.

______ MVR,J Pab