Hamsa Prakash vs Kappa Renuka
2021 Latest Caselaw 3133 AP

                   HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO.: S.A.No.351 of 2021
                                  PROCEEDING SHEET
Sl.      Date                                ORDER                               OFFICE
No.                                                                               NOTE
      23.08.2021   MVR,J

                                        I.A.No.1 of 2021
                           Heard. For the reasons stated in the affidavit
                   filed in support of the petition, delay of 244 days in
                   representing the appeal memo is condoned.
                           The petition is allowed. No costs.
                                                                       _____
                                                                       MVR,J
                                      S.A.No.351 of 2021

                           Heard Sri A. Rajendra Babu, learned counsel for
                   the appellant. ADMIT.
                           The following are the substantial questions of
                   law.
                      1. Whether the material alterations made on the
                           pronote did not vitiate the pronote Ex.A1 and
                           render it as void in the light of Section 87 of the
                           Negotiable Instruments Act and also makes the
                           suit as barred by limitation?
                      2. Whether the judgment and decree passed by the
                           trial Court in O.S.No.101 of 2010 is factually and
                           legally sustainable under law and whether the
                           judgment of lower appellate court is perverse
                           and is unjustified in reserving the well considered
                           judgment passed by the trial Court?
                      3. Whether the lower appellate court is justified in
                           holding that mere proving of execution of
                           pronote a presumption can be drawn without
                           appreciating the rebuttal presumption in a
                           proper perspective?

                           Notice to respondent.

List during the 2nd week of November, 2021.

_____ MVR,J

Contd...

I.A.No.2 of 2021

Heard. In the circumstances, there shall be interim stay of all further proceedings including execution of decree in O.S.No. 101 of 2010 on the file of the learned Senior Civil Judge, Srikalahasti dated 03.01.2012 altered by the decree and judgment in A.S.No.80 of 2014 on the file of the Court of the learned X Additional District Judge, Chittoor at Tirupati dated 31.12.2018, until further orders, subject to the petitioner depositing 50% of the decretal amount within six (06) weeks from now to the credit of the suit and notice.

_____ MVR,J RR