K.Krishna Rao vs Sanku Chenchu Lakshmi
2021 Latest Caselaw 2502 AP

               HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI

MAIN CASE NO.: S.A.No.240 of 2017
                                     PROCEEDING SHEET
Sl.     Date                                   ORDER                                   OFFICE
No.                                                                                     NOTE
8.    20.07.2021 MVR,J                                                                  Tr. to I-O
                                                                                      folder before
                                       S.A.No.240 of 2017                             corrections if
                                                                                           any.
                                                                                        Pl.verify.
                       Heard Sri V.S.R.Anjaneyulu, learned Senior 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 Courts below are correct in granting a
                         decree in favour of the respondent No.1/plaintiff

that she is entitled for the relief of declaration that she is absolute owner of the plaint schedule property entitled for recovery of possession having recorded a concurrent finding of fact that the limited right has not been enlarged under Section 14(1) of the Hindu Succession Act as it comes within the purview of Section 14(2)?

2. Whether the trial Court is correct in recording a finding that Ex.A2-Will dated 12.02.1993 is a valid document, though the original of the same has not been marked or no attestor is examined to prove the Will?

3. Whether the judgment of the lower appellate Court is in accordance with Order 41 C.P.C. as it failed to consider the oral and documentary evidence adduced and produced on behalf of respective parties though it is a final Court of finding of fact?

Issue notice to the respondents 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 third week of September, 2021 along with I.A.

______ MVR,J Pab