P Ramudu vs N.Prabhakar Gupta
2021 Latest Caselaw 4923 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO. SECOND APPEAL No.555 of 2021
                               PROCEEDING SHEET
Sl.   Date                                  ORDER                                OFFICE
No.                                                                               NOTE
02 01.12.2021   MVR,J
                                   S.A.No.555 of 2021

                        Heard Sri I.Venkata Prasad, learned counsel for
                the appellants. ADMIT.
                        The following are the substantial questions of
                law.
                   1. When the findings of Courts below ignoring the
                        legal evidence available in the case and ignoring
                        the   inferences    to     be   drawn     from     the
                        circumstances established can be described as
                        perverse and in which case whether such a
                        finding is binding on second appellate Court under
                        Section 100 CPC?
                   2. Whether the lower appellate Court is right in
                        confirming the judgment of the trial Court
                        without   framing    the    significant   points   for
                        determination, which are crucial for elucidating
                        the prominent controversy in the instant case
                        basing on the pleading of both parties as
                        enshrined by the proviso Order-41, Rule-31 CPC?
                   3. Whether the Courts below can be justified in
                        declaring that ABCDEF rastha is 30 feet length
                        north-south and 8 feet width east-west without
                        seeking the declaration of his right over the
                        alleged ABCDEF rastha by the plaintiff?
                        Notice to respondents.

List during 1st week of February, 2022.

_____ MVR,J

I.A.No.1 of 2021

Heard. Interim stay of operation of the decree in O.S.No.127 of 2010 dated 29.06.2018 on the file of the Court of the learned Junior Civil Judge, Gooty, Ananthapuramu District confirmed in A.S.No.30 of 2018 by the decree dated 29.06.2021 on the file of the Court contd...

of the learned VI Additional District Judge, Ananthapuramu at Gooty, until further orders and notice.

_____ MVR,J RR