Y Ram Mohan vs Nadir Basha
2021 Latest Caselaw 2584 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI

MAIN CASE NO.: S.A.No.290 of 2021
                                       PROCEEDING SHEET
Sl.     Date                                        ORDER                                    OFFICE
No.                                                                                           NOTE
2.    24.07.2021    MVR,J                                                                     Tr. to I-O
                                                                                            folder before
                                         S.A.No. 290 of 2021                                corrections if
                                                                                                 any.
                                                                                              Pl.verify.
                           Heard Sri Y.Balaji, 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 appreciation of material and evidence

                            by the 1st appellate Court relating to identity of the

                            property is proper and justified in concurring with

                            the findings of the trial Court?

                          2. Whether in a suit, where, identity of the property is

                            in question, burden of proof shall remain constant

                            on   the    plaintiff     vis-à-vis   the    claim   of   the

                            defendants?

                       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 first week of October, 2021.

______ MVR,J Pab