Shaik Mohiddin Basha, vs Pesala Kondaiah,
2021 Latest Caselaw 2515 AP

               HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI

MAIN CASE NO.: S.A.No.81 of 2021
                                  PROCEEDING SHEET
Sl.     Date                                ORDER                                 OFFICE
No.                                                                                NOTE
2.    20.07.2021 MVR,J                                                             Tr. to I-O
                                                                                 folder before
                                      S.A.No.81 of 2021                          corrections if
                                                                                      any.
                                                                                   Pl.verify.
                       Heard Sri Marri Venkata Ramana, 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 Courts below are right in ignoring
                         Section 22(1) and (2) of the Specific Relief Act,
                         1963?
                    2. Whether the plaintiff can be granted alternate
                         relief of refund of earnest money without a specific
                         claim/prayer in the plaint?
                    3. Whether the Courts below are right in arriving at a
                         finding of existence of privity of contract merely
                         basing on the ground that the defendant admitted
                         signatures on the disputed document?

                   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 October, 2021.

______ MVR,J Pab