Pl.Verify vs Whether The Trial Court Can Decree ...
2021 Latest Caselaw 3196 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.426 of 2021
                                         PROCEEDING SHEET
Sl.      Date                                         ORDER                                       OFFICE
No.                                                                                                NOTE
      26.08.2021   MVR,J                                                                          Tr. to I-O
                                                                                                    folder
                                                                                                   before
                                                                                                 corrections
                                              S.A.No.426 of 2021                                   if any.
                                                                                                  Pl.verify.




                       Heard Sri T.D.Phani Kumar, 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 trial Court can decree the suit beyond
                               the prayer sought by the plaintiff by declaring of
                               title of the respondent/plaintiff in 'B' and 'A'

schedule properties, where the suit was filed to declare her title over 'B' schedule property alone by paying the court fee and the 1st appellate Court justified in confirming the same?

2. Whether the trial Court is justified in dealing with the suit as the suit filed by the appellant/defendant for adverse possession instead of dealing with the suit as a suit of the respondent/plaintiff for declaration of title and plaintiff has to prove his case independently without relying upon the weakness of the defendant as per the judgment of the Apex court in Ramegowda v. M.Varadappa Naidu(2004(1)SCC

769)?

3. Can the trial Court declare the suit basing on the evidence of defendant when onerous burden lies on the plaintiff under Section 101 of the Indian Evidence Act to prove his title and possession by examining cogent witnesses? Notice to the respondent.

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

______ MVR,J

Contd...

I.A.No.1 of 2021

Heard.

There shall be interim stay of all further proceedings

including execution of the decree in O.S.No.540 of 2011

dated 09.11.2017 on the file of the court of learned

Additional Senior Civil Judge, Chittoor, confirmed in

A.S.No.22 of 2018 by the decree and judgment dated

14.06.2021 on the file of the court of learned VIII Additional

District and Sessions Judge, Chittoor, until further orders.

Notice.

______ MVR,J Pab