Konda Prameelamma vs Konda Viswanatham
2021 Latest Caselaw 1114 AP

SY [ 3233 ]

IN THE HIGH COURT OF ANDHRA PRADESH AT anaryvary

WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY, _
TWO THOUSAND AND TWENTY ONE

'PRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

SECOND APPEAL NO: 55 OF 20212 ~~
Between:

1. Konda Prameelamma, W/o B. Swamanna,
2. Basammagari Mohan Babu, S/o B. Swamanna,
3. Basammagari Murali Krishna, S/o B. Swamanna,
4. Basammagari Chandrasekhar, S/o B. Swamanna,
5. B. Malleswari, W/o P. Sivaiah,
Appellants/Respondents/Defendants_
AND

Konda Viswanatham, S/o Late Venkata Swamy, Practicing Advocate at Hyderabad,
R/o Road No.12, Mallikarjuna Nagar, G.S.I. Bandlaguda Post, Hyderabad.
Respondent/Appellants/Plaintiffs--

Second Appeal under Section 100 CPC, praying that in the circumstances stated
in the memo of grounds filed herein, the High Court may be pleased to allow the
Second Appeal with costs throughout and to set aside the judgment and Decree passed
by the Senior Civil Judge, Atmakur in A.S. No. 09/2018 reversing the Judgment and
Decree of the trial court in O.S. No. 77/2011 on the file of Junior Civil Judge, Atmakur. --
IA NO: 1 OF 2021 ~ |

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed herein the High Court may be pleased to stay of all further
proceedings in O.S. No. 77/2011 on the file of Junior Civil Judge, Atmakur, pending
disposal of SA 55 of 2021, on the file of the High Court. --

The petition coming on for hearing, upon perusing the Petition and memo of
grounds filed herein and upon hearing the arguments of Sri Harish Kumar Rasineni,
Advocate for the Petitioners, the Court made the following.

"
ORDER:

The 274 Appeal arises against the Judgment and decree in A.S.No.09 of 2018 on the file of the Senior Civil Judge, Atmakur dated 23.12.2019 reversing the Judgment and decree in O.S.No.77 of 2011 on the file of the

Junior Civil Judge, Atmakur dated 26.02.2018.

_The appellants herein are the respondents in the lower appellate Court and the defendants in the suit. The respondent herein is the

appellant before the lower appellate Court and the plaintiff in the suit.

The plaintiff initiated the action in O.S.No.77 of 2011 on the file of

the Junior Civil Judge, Atmakur seeking specific performance of __

"

/ 2 agreement of sale dated 04.01.1991 with respect to the suit schedule property against the defendants. Upon contesting of the matter, the Trial Court dismissed the suit vide its Judgment dated 26.02.2018. Aggrieved by the same, the plaintiff preferred A.S.No.09 of 2018 on the file of the Senior Civil Judge, Atmakur. Upon hearing the matter, the lower appellate Court allowed the said appeal reversing the Judgment and decree of the trial Court vide its Judgment dated 23.12.2019. Assailing the same, the defendants in the suit came in 2"¢ appeal before this Court raising substantial question of law as follows.

1. i) Whether the limitation prescribed under Article 54 of the

Limitation Act for filing a Suit for Specific Performance can be

extended by the Appellate Court purely on a factual matter?.

ii) Whether the Statutory Limitation under the Limitation Act,

should not be considered in strict sense?

2. Whether the appreciation and finding of the lower appellate Court in reversing the Judgment and decree of the

Trial Court is perverse?

In view of the above said reasons, the appeal is admitted.

Notice to the respondent.

The learned counsel for the appellants is permitted to take out personal notice to the respondent and file proof of service in the Registry,

within a period of three(3) weeks from today. List the matter after four(4) weeks.

In the meanwhile, there shall be an order of stay of operation of the Judgment and decree of the appellate Court in A.S.No.9 of 2018 on the

file of Senior Civil Judge, Atmakur dated 23.12.2019 pending further

orders.

/ Sd/-M.RameshBabu

_ ASSISTANLREGISTRAR ITTRUE COPY// .

Fo, SECTION QFFICER

To,

. The Senior Civil Judge, Atmakur, Kurnool District The Junior Civil Judge, Atmakur, Kurnool District Konda Viswanatham, S/o Late Venkata Swamy, Practicing Advocate at Hyderabad, R/o Road No.12, Mallikarjuna Nagar, G.S.1. Bandlaguda Post, Hyderabad. (BY RPAD)

4. One CC to Sri. Harish Kumar Rasineni Advocate [OPUC]

5. One spare copy f

Skm a

ON >

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HIGH COURT

BKM,J

DATED:24/02/2021

ORDER

SA.No.55 of 2021

~ INTERIM STAY