Unknown vs Whether The Trial Court Is Not In ...
2021 Latest Caselaw 5138 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.580 of 2021
                                     PROCEEDING SHEET
Sl.      Date                                     ORDER                                  OFFICE
No.                                                                                       NOTE
1     10.12.2021   MVR,J                                                                 Tr. to I-
                                          S.A.No.580 of 2021                             O folder
                                                                                          before
                      Heard Sri C.Subodh, learned counsel for the appellants.            correcti
                                                                                          ons if
                      ADMIT.
                                                                                           any.
                     The following substantial questions of law arise for                Pl.verify
                                                                                             .

determination in the second appeal:

1. Whether the trial Court is not in error in considering that as per Section 63 of the Indian Succession Act, the plaintiff failed to prove Ex.A1 by examining PW.3, attestor of Ex.A1, Will?

2. Whether the appellate Court is not in error in dismissing the appeal by holding that admitted fact need not be proved and in view of the provision under Section 68 of the Indian Evidence Act, since original Ex.A1 is registered Will, and DW.1 himself admitted about the execution of Ex.A1, Will by Venkata Subbamma in favour of the 1st respondent/plaintiff?

3. Whether the trial Court is not in error in not including the issue of limitation in recast issues even though there is an issue of limitation in initial issues framed?

4. Whether the appellate Court is not in error in holding that since the evidence on record is sufficient to enable the appellate Court to pronounce the judgment, after framing point in respect of limitation aspect, the appeal is not remanded to the trial Court for the fresh disposal?

Notice to the respondents 1 and 3 to 7. List during the 2nd week of February, 2022 ________ MVR,J I.A.No.1 of 2021 Heard.

There shall be interim stay of operation of the decree in O.S.No.131 of 2006 on the file of the Court of learned Principal Senior Civil Judge, Nellore, confirmed in A.S.No.172 of 2016 by the decree and judgment dated 23.06.2021 on the file of the Court of learned Principal District Judge, Nellore, subject to the petitioner depositing the suit costs to the credit of the suit within six weeks from now.

Notice.

________ MVR,J Pab