Unknown vs Whether In A Suit For Declaration ...
2021 Latest Caselaw 3195 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.428 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                     ORDER                                 OFFICE
No.                                                                                      NOTE
      26.08.2021   MVR,J                                                                Tr. to I-O
                                                                                          folder
                                           S.A.No.428 of 2021                            before
                                                                                       corrections
                         Heard learned counsel for the appellant.                        if any.
                                                                                        Pl.verify.
                         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 in a suit for declaration of title, the
                               plaintiff can succeed on the weakness of the
                               defendant's case, when he failed to establish his
                               own case on the strength of his own title deed?
                          2. Whether the appellate Court is entitled to reverse
                               the judgment of the trial Court without considering
                               the findings of fact recorded by the trial Court are
                               correct or erroneous ?
                          3. Whether the judgment of the learned appellate
                               court is sustainable, since the elementary and
                               inflexible rules in Sections 101 and 102 of the
                               Evidence Act have not been followed?
                      Notice to the respondents.

List the matter during the first week of December, 2021.

______ MVR,J I.A.No.1 of 2021

Heard.

There shall be interim stay of all further proceedings including execution of the decree in A.S.No.56 of 2018 dated 20.01.2020 on the file of the court of learned I Additional District Judge, Ananthapuramu, concerned to O.S.No.85 of 2008 on the file of the court of learned Principal Junior Civil Judge, Ananthapuramu, until further orders.

Notice.

______ MVR,J Pab