Devireddy Chalama Reddy vs Pasupuleti Prabhakar Rao
2021 Latest Caselaw 2589 AP

        HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.1474 of 2011

                             PROCEEDING SHEET

Sl.     Date                           ORDER                             OFFICE
No.                                                                       NOTE

 5.   24.7.2021 MVR,J
                            Second Appeal No.1474 of 2011

               Heard Sri O.Manoher Reddy, learned counsel for
               the appellants and Sri Venkateswarlu Chakkilam,
               learned counsel for the respondents. 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 appellate Court is justified in considering the plea of readiness and willingness to perform part of contract in the absence of any specific issue settled by the trial Court and when no specific point for determination was raised by it and if the finding recorded thereon by the learned appellate Judge are proper?

2. Whether the refusal to exercise discretion to grant relief of specific performance by both the Courts below is based on proper appreciation of the material and evidence on record?

Call for the records.

Issue notice to the respondents to submit arguments in respect of the above substantisl questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., AIR 2019 SC 3027 followed).

List during the 3rd week of August 2021.

________ MVR,J I.A.No.1 of 2021 List along with the Second Appeal.

________ MVR,J vasu