Dasari Nagaiah vs Nagireddy China Veera Reddy
2021 Latest Caselaw 2396 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI

MAIN CASE NO.: S.A.No.162 of 2021
                                     PROCEEDING SHEET
Sl.      Date                                    ORDER                                      OFFICE
No.                                                                                          NOTE
4.    14.07.2021   MVR,J                                                                      Tr. to I-O
                                                                                            folder before
                                          S.A.No.162 of 2021                                corrections if
                                                                                                 any.
                                                                                              Pl.verify.

                        Heard Sri Nitesh, learned counsel for the appellant.
                        Upon consideration of the decrees and judgments of the
                   trial Court as well as the 1st appellate Court, since the following
                   substantial questions of law arise for determination in the second
                   appeal, ADMIT.
                        1. Whether the findings of the first appellate Court in not
                            exercising its appellate powers under Section 96 read
                            with Order 41 Rule 31 CPC in right manner to have dealt
                            with the submissions which were urged by the appellant
                            herein after appreciating the entire evidence on facts,
                            independent to the findings of the trial Court and should
                            have come to its own conclusion keeping in view the
                            legal principles governing the issues?
                        2. Whether the first appellate Court while confirming the
                            finding of the trial Court consciously apply its mind and
                            record findings supported by reasons, on all the issues
                            arising along with the contentions putforth and pressed
                            by the party for decision of the appellate Court?
                        3. Whether the first appellate Court is grossly erred in not
                            considering   the   documents     in     proper   perspective
                            including evidence of PW.2, who is also one of the
                            attestors in the promissory note that he denied the
                            transaction under Ex.A1 and leaves the total transaction
                            and promissory note in the controverse which effects
                            directly and substantially on the right of the party?
                      Issue notice to the respondent to submit arguments in

respect of above substantial questions of law(Arulmighu Nellukadai Mariamman Tirukkoil v. Tamilarasi(dead) by Lrs. (AIR 2019 SC 3027 followed). List the matter during the first week of September, 2021.

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I.A.No.2 of 2021

Heard.

For the reasons stated in the affidavit filed in support of this petition, this petition is allowed.

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14.07.2021 .....contd..

I.A.No.1 of 2021

Heard learned counsel for the petitioner. In the circumstances, there shall be interim stay of all further proceedings in E.P.No.27 of 2015 now pending on the file of the Court of learned Senior Civil Judge, Gooty, Anantapur District relating to O.S.No.220 of 2008 on the file of the Court of learned Senior Civil Judge, Proddatur, Kadapa District, until further orders, subject to the petitioner depositing 1/4th of the decretal amount to the credit of the above E.P within six weeks from now. Notice.

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Pab