S Narasamma vs A Krishna Rao
2021 Latest Caselaw 2538 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.304 of 2021

                             PROCEEDING SHEET

Sl.     Date                           ORDER                                 OFFICE
No.                                                                           NOTE

 1.   22.7.2021 MVR,J
                           Second Appeal No.304 of 2021

                     Heard Sri P.Ganga Rami Reddy, learned
               counsel for the appellant. Considering the decrees
               and judgments of the trial Court as well as the first
               appellate Court since the following substantial
               questions of law arise for determination in this
               second appeal, Admit:

                     1. Whether the judgment of the lower appellate
                        Court is vitiated by not framing the points for
                        consideration as required by law?

                     2. Whether in the absence of any pleading, any
                        issue and evidence, the view expressed by the
                        lower appellate Court that the suit is not
                        maintainable and barred by limitation is
                        clearly unwarranted?

                     3. Whether the lower appellate Court erred in
                        saying that the suit filed by the appellant for
                        partition is maintainable even though there is
                        no evidence on record to show that the share
                        of appellant was divided by metes and bounds
                        and separate possession of such share was
                        allotted to the appellant?

                     Issue notice to the respondents to submit

arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., Air 2019 SC 3027 followed).

List during the 1st week of October 2021.

________ MVR,J I.A.No.1 of 2021 Heard.

It is made clear that any transaction in relation to the property concerned to this matter shall be subject to the result in this Second Appeal, and notice.

________ MVR,J vasu