Citation : 2021 Latest Caselaw 2397 AP
Judgement Date : 14 July, 2021
HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.145 of 2020
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
7. 14.07.2021 MVR,J Tr. to I-O
I.A.NO.1 of 2020 folder
before
Heard. correctio
ns if any.
Apparently cut and paste business seemed to have
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interfered in preparation of grounds of appeal, when
substantial questions of law stated therein are considered. To
get over this difficulty, the petitioner has now filed this I.A. for
substitution of these substantial questions of law, setting out
five such questions.
In the circumstances, upon hearing both the learned
counsel, this petition is allowed permitting substitution of the
substantial questions of law as set out in this petition in the
place of substantial questions of law stated the grounds of
appeal.
Therefore, this petition is allowed.
Registry is directed to carry out the substituted questions
of law in the grounds of appeal at an appropriate place.
______
MVR,J
S.A.No.145 of 2020
Upon hearing both the learned counsel, considering the
nature of decrees and judgments of both the Courts below,
since the following substantial questions of law arise for
determination in the second appeal, ADMIT.
1. Whether in the facts and circumstances of the case,
the doctrine of pleadings of estoppel is properly
applied or not?
2. Whether Ex.B1-settlement deed executed by the real
owner in favour of the appellant-defendant has not
become valid on the proper application of the
doctrine of pleadings of estoppel?
3. Whether the Courts below have not erred in holding
that the appellant-defendant was not in possession of
the suit schedule land as on the date of filing of the
suit on the basis of the principle that the possession
follows the title?
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 last week of September, 2021 along with I.A.
______ MVR,J Pab
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