P.Kagendra Kaveendra, vs Pera Ramachandraiah,
2021 Latest Caselaw 3031 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO.: S.A.No.391 of 2021
                                PROCEEDING SHEET
Sl.   Date                                 ORDER                               OFFICE
No.                                                                             NOTE
 2 13.08.2021    MVR,J

                         Heard Sri T.D.Phani Kumar, learned counsel, for
                 the appellant.
                 ADMIT.
                         The following are the substantial questions of
                 law.
                    1. Whether the trial court is justified in holding that
                         onerous burden lies on the appellant /defendant
                         No.1 to prove 'A' and 'B' schedule properties are
                         not ancestral properties, where under Section 101
                         of Indian Evidence Act the initial burden lies on
                         the plaintiff who sought for partition to prove as
                         joint ancestral properties?
                    2. Whether the trial Court as well as 1st appellate
                         Court justified in holding that though the 'B'
                         schedule property assigned in favour of wife of
                         the appellant would be partitioned contrary to
                         Section 5 of Hindu Succession Act.

                         Notice to respondents.

List during the last week of October, 2021.

_____ MVR,J RR I.A.No.1 of 2021

In the meantime, for filing decree and judgment of both the courts below.

_____ MVR,J RR I.A.No.2 of 2021

Heard. The trial court is directed to proceed on with the final decree application, if any, pending. However, it shall not pass final decree till disposal of this second appeal.

_____ MVR,J RR