Peddapalle Sreenivasa Reddy vs Uppaluru Saritha Devi
2021 Latest Caselaw 5253 AP

           HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE No.: S.A.No.576 of 2021
                               PROCEEDING SHEET
Sl.      Date                               ORDER                                OFFICE
No.                                                                               NOTE

2.    15.12.2021                                                                Transferred
                   MVR,J
                                                                                   to I/o
                                   S.A.No.576 of 2021                              folder
                                                                                   before
                                                                                 correction
                         Heard Sri J. Janakirami Reddy, learned
                   counsel for the appellant and V.Nitesh, learned
                   counsel appearing for respondent Nos.1 and 2.

Considering the findings recorded in the judgments of the trial court as well as the appellate court and submissions of learned counsel for the appellant, since the following substantial questions of law arise for determination in this 2nd appeal, ADMIT.

1. Whether the judgment and decree passed by the lower appellate Court is valid when the properties other than the suit properties i.e., Ex B1, Ex B2 and Ex B4 were not included in the suit schedule properties as there is no whisper about the same either in their pleadings or in their evidence ?

2. Whether the judgment of the lower appellate Court is justified in passing preliminary decree without adding proper parties i.e., Mortgagee under Ex A1 relating to the suit schedule properties ?

3. Whether the burden lies upon the plaintiffs or defendants to prove that the suit properties are in joint possession and ancestral properties ?

4. Whether the lower appellate Court is justified in passing preliminary decree without challenging the Ex B3 gift deed executed in favour of the 2nd defendant pertaining to item Nos.1 to 11 of the suit schedule properties ?

Notice to 3rd respondent.

List during 3rd week of February, 2022.

_______ MVR,J I.A.No.1 of 2021 Heard.

The trial Court is at liberty to proceed with final decree proceedings if any and shall not pass final decree until further orders.

Notice to 3rd respondent.

List along with second appeal.

_______ MVR,J EPS