Vidapanakal Dawood Sab vs Sayyad Mohammad Ghouse
2021 Latest Caselaw 4975 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.570 of 2021
                                        PROCEEDING SHEET
Sl.      Date                                        ORDER                                OFFICE
No.                                                                                        NOTE
1     06.12.2021   MVR,J                                                                  Tr. to I-
                                               S.A.No.570 of 2021                         O folder
                                                                                           before
                      Heard Sri N.Chandra Sekhar Reddy, learned counsel for               correcti
                                                                                           ons if
                   the appellants.
                                                                                            any.
                      ADMIT.                                                              Pl.verify
                                                                                              .

The following substantial questions of law arise for determination in the second appeal:

1. Whether the 1st appellate Court is justified in setting aside the decree and judgment of the trial Court without taking note of factum of plaintiff's failure to establish his possession over suit schedule property by adducing cogent and relevant evidence as trial Court rightly gave a finding that plaintiff failed to establish that plaint schedule property does tally with property mentioned in Ex.A1?

2. Whether the 1st appellate Court is justified to allow the appeal, when plaintiff failed to prove that he is in lawful possession of the suit schedule property with correctness as to boundaries?

3. Whether the 1st appellate Court is justified in not considering the deposition of DW.1 coupled with Exs.B1 to B3, which substantiate 1st defendant's pleading that he has been in possession and enjoyment of the suit schedule property in his own right?

Notice to the respondents.

List during the 1st week of February, 2022 ________ MVR,J I.A.No.1 of 2021 Heard.

There shall be interim stay of operation of the decree in A.S.No.25 of 2017 on the file of the Court of learned VI Additional District Judge, Ananthapuramu at Gooty concerned to O.S.No.4 of 2011 on the file of the Court of learned Senior Civil Judge, Gooty, until further orders, subject to the appellant depositing costs awarded by the appellate Court to the credit of the suit in the lower Court. Notice.

________ MVR,J Pab