Pasala Vasanthamma Died vs Pamula Suresh Reddy
2021 Latest Caselaw 3090 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.405 of 2021

                            PROCEEDING SHEET

Sl.     Date                           ORDER                               OFFICE
No.                                                                         NOTE

 1.   18.8.2021 MVR,J
                         Second Appeal No.405 of 2021

                     Heard Sri P.V.Vidya Sagar, learned counsel
               for the appellants.

                     Admit. The following are the substantial
               questions of law:

                     1. Whether the impugned judgment is vitiated as
                        it is not in accordance with the mandatory
                        requirements of Order XLI Rule 31 C.P.C?

                     2. Whether          the        misinterpretation/
                        misconstruction placed by the 1st appellate
                        Court on Ex.A1 treating it as an unstamped
                        and unregistered Partition deed has resulted
                        in the refusal of the declaratory relief to the
                        appellants?

                     3. Is the finding that Ex.A.1 is a Partition deed a
                        perverse finding since read as a whole it is
                        only a memorandum of past partition requiring
                        no payment of Stamp duty and registration as
                        per the law then in force?

                     4. Whether the admissions in Exs.A8 and A13
                        that Partition took place as contended by the
                        appellants could have been ignored by the 1st
                        appellate Court from being given effect to
                        especially when the deceased 1st defendant
                        was a party thereto?

                     Issue notice to the respondent to submit

arguments in respect of the above substantisl questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., AIR 2019 SC 3027 followed).

List during the 3rd week of November 2021.

________ Contd.., MVR,J I.A.No.1 of 2021 Heard.

In the circumstances, issue ad interim injunction restraining the respondent from interfering with peaceful possession and enjoyment claimed by the petitioners of the plaint schedule properties concerned to O.S.No.25 of 2003 on the file of the Court of the Senior Civil Judge, Puttur, until further orders, and notice.

________ MVR,J vasu