Karukonda Gayatridevi, vs Vatsavyi Ratna Bharathi,
2021 Latest Caselaw 3155 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.174 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                      ORDER                                     OFFICE
No.                                                                                           NOTE
      24.08.2021   MVR,J                                                                     Tr. to I-O
                                                                                               folder
                                             I.A.No.1 of 2021                                 before
                                                                                            corrections
                         Heard.                                                               if any.
                                                                                             Pl.verify.
                         For the reasons stated in the affidavit filed in support of
                   this petition, delay of 652 days in representing the appeal
                   memo is condoned.
                         Accordingly, this petition is allowed.
                                                                                   ______
                                                                                   MVR,J
                                            S.A.No.174 of 2021

                         Heard Sri B.V.Rama Rao, 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 suit filed by the respondent No.1 to

declare the decree dated 15.04.1997 in O.S.No.122 of 1992 as confirmed in A.S.No.200 of 1997 dated 22.02.1999 is null and not binding on the respondent No.1/plaintiff is maintainable?

2. Whether finding of the Courts below in regard to shifting of burden on defendants instead of plaintiff to prove her title for declaration of title suit?

3. Whether the decree and judgment of the Courts below is perverse for non-consideration of evidence on record?

Issue notice to the respondent 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 the third week of November, 2021.

______ MVR,J Pab