Kagitha Pullaiah vs Posina Saraswathi
2021 Latest Caselaw 5216 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO. SECOND APPEAL No.520 of 2019
                                 PROCEEDING SHEET
Sl.   Date                                  ORDER                              OFFICE
No.                                                                             NOTE
12 14.12.2021   MVR,J

                        Heard Sri Radhakrishna, learned counsel, for Sri
                C.Raghu, learned counsel for the appellants, and Sri
                Narasimha Rao Gudiseva, learned counsel for the
                respondent.

ADMIT.

The following are the substantial questions of law:

1. Whether the Courts below failed to appreciate that the marking of Ex.A1 cannot constitute proof of document under Section 64 of the Evidence Act?

2. Whether the Courts below failed to appreciate that the concept of presumption of a 30 year old document under Section 90 of the Evidence Act is not applicable to the present facts and circumstances since the entire original has not been marked?

List during the 1st week of March, 2022.

_____ MVR,J I.A.No.1 of 2019

Heard. There shall be interim stay of all further proceedings including execution of the decree in O.S.No.246 of 2011 dated 30.09.2015 of the Court of the learned I Additional Junior Civil Judge, Machilipatnam confirmed in A.S.No.120 of 2015 on the file of the Court of the learned VI Additional District Judge, Krishna at Machilipatnam by the decree and judgment dated 03.07.2019, subject to the petitioners depositing suit costs within six (06) weeks from now to the credit of the suit.

_____ MVR,J RR