Jwala Narasimha Reddy vs B.V.D. Sanjay Kumar And 2 Others
2021 Latest Caselaw 3198 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.1089 of 2018

                             PROCEEDING SHEET

Sl.     Date                            ORDER                                OFFICE
No.                                                                           NOTE

 5.   26.8.2021 MVR,J
                           Second Appeal No.1089 of 2018

                     Heard Sri Maheswara Rao Kuncham, learned
               counsel for the appellant. Sri A.Chandra Sekhar,
               learned counsel for the respondents is also in

attendance online.

Admit. The following are the substantial questions of law:

1. Whether 1st appellate Court rightly appreciated, 1st respondent (1st defendant) having admitted in his cross-examination that the signatures in Ex.A.1 and also all signatures in Exs.A.1, A.5 and A.6 appear to be similar, but he has stated that he has not signed on Exs.A.5 and A.6, 1st appellate Court without perceiving the same merely setting aside the well considered judgment and decree of the trial Court, is it according to the well settled legal principle in Govind Prasad Chatur vs. Hari Dutt Shastri, (1977) 2 SCC 539, or not?

2. Whether 1st appellate Court rightly appreciated the Exs.A.1, A.5 and A.6 (endorsements) taking into consideration of normal presumption 'in a sale of land stipulation as to the time is not the essence of the contract' and rightly dealt with the finding of fact arrived at by the trial Court (judgment) in proper perspective or not?

3. Whether the lower appellate Court has properly perceived the cogent documentary evidence on record produced by the plaintiff to substantiate their assertions as a final Court of facts and without formulating the points for consideration and whether such a judgment of the lower appellate Court is not vitiated by the law laid down by the apex Court in (2002) 7 SCC 411, or not?

List during the 1st week of December 2021 under the caption "Final Hearing".

________ MVR,J vasu