Dasireddy Jyothi Naga Laxmi ... vs Karri Prabhakara Reddy
2021 Latest Caselaw 5509 AP

 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

               MAIN CASE No.: S.A.No.597 of 2021

                          PROCEEDING SHEET

Sl.                                                                           Office
       DATE                                ORDER
No                                                                            Note

1.    27.12.2021 MVR, J
                                  S.A.No.597 of 2021
                                                                             Transferred
                                                                             to I/O
                      Heard Sri B. Sriram Kartik, learned counsel for        folder
                                                                             before
                the appellant.                                               correction
                      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 Courts below rightly observed that
                      the plaintiff has not sought any relief for
                      cancellation of the sale deed, and the Courts
                      below came to wrong conclusion that the
                      document is collusive and fraudulent ?
                   2. Whether the Courts below without framing the
                      issue of fraudulent transfer as there was specific
                      plea with regard to alleged Ex A1 was forged and
                      initial burden with the plaintiff, but without
                      considering the aspect the Courts below came to
                      wrong conclusion and decreed the suit ?
                      Notice to respondents.

List during 1st week of March, 2022.

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

There shall be an interim stay of all further proceedings including execution of decree in O.S.No.24 of 2012 on the file of the learned Senior Civil Judge, Tanuku dated 23.09.2016 confirming in A.S.No.60 of 2016 on the file of the Court of learned IV Additional District Judge, Tanuku, West Godavari District dated 18.02.2021 subject to the petitioner depositing suit costs as well as costs awarded by the appellate Court to the credit of the suit within six (6) weeks from now.

Notice to respondents.

_______ MVR,J Note:

Issue CC tomorrow.

B/o. EPS

_______ MVR, J EPS