Bharathi vs Fazalunnisa
2021 Latest Caselaw 3161 AP

       HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.414 of 2021

                              PROCEEDING SHEET

Sl.   Date                                ORDER                                  OFFICE
No                                                                               NOTE
               MVR,J
1. 24.8.2021                Second Appeal No.414 of 2021
                     Heard Sri Virupaksha Dattatreya                 Gouda,
               learned counsel for the appellant.

                     Admit. The        following    are   the   substantial
               questions of law:

                  1. Whether in a suit for declaration of title, the plaintiff
                     can succeed on the weakness of the defendant's case
                     when she failed to establish his own case on the
                     strength of his own title deed?

                  2. Whether the relief of declaration of title and recovery
                     of possession can be granted basing on the
                     weaknesses in the case of the defendant?

                  3. Whether the appellate Court is entitled to reverse the
                     judgment of the trial Court without considering
                     whether the findings of fact reached by the trial
                     Court are correct or erroneous?

                  4. Whether the judgment of the lower appellate Court is
                     vitiated for placing wrong onus on the defendant to
                     prove her case instead of finding out as to whether
                     the plaintiff has been able to prove his case?

                     Issue notice to the respondent to submit

arguments in respect of the above substantial 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.

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

In the circumstances, there shall be interim stay of execution of the decree dated 05.6.2018 in O.S.No.88 of 2008 on the file of the Court of Principal Junior Civil Judge, Anantapuramu, as directed by the decree and judgment dated 26.2.2021 in A.S.No.55 of 2018 on the file of the Court of VIII Additional District Judge, Ananthapuramu, until further orders, and notice.

________ MVR,J vasu