Satyanarayana Ganapathi Khude vs Sripailasetti Muni Sudheer
2021 Latest Caselaw 2653 AP

                       HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.70 of 2020
                                            PROCEEDING SHEET

Sl.       Date                                       ORDER                                   OFFICE
No.                                                                                           NOTE
9.     27.07.2021   MVR,J                                                                   Tr. to I-O
                                               S.A.No.70 of 2020                              folder
                                                                                             before
                            Heard Smt. Nimmagadda Revathi, learned counsel for the          correctio
                                                                                            ns if any.
                    appellant and Sri P.A.Seshu, learned counsel for the respondent.

Pl.verify.

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 in the facts and circumstances of the case, the findings of the Courts below by misinterpreting the deposition of DW.1 as admissions and at the same time brushing aside the admissions of PW.1 as stray admission thus applying different standards to the evidence of plaintiff and defendant is legally sustainable under law?

2. Whether in the facts and circumstances of the case, the findings of the Courts below that no proof of earlier decree in favour of the appellant was filed was legally sustainable in view of the settled principles of law that the admitted facts need not be proved in view of Section 58 of the Indian Evidence Act? 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 third week of October, 2021.

______ MVR,J I.A.No.2 of 2020 Heard.

In the circumstances, there shall be interim stay of execution of the decree in O.S.No.421 of 2011 dated 27.11.2014 on the file of the Court of learned Principal Junior Civil Judge, Tenali, confirmed in A.S.No.25 of 2015 on the file of the Court of learned XI Additional District Judge, Guntur District at Tenali by the decree and judgment dated 04.07.2019, until further orders, subject to the petitioner/appellant depositing the costs awarded by both the Courts below to the credit of the suit within six weeks from now, until further orders.

On such deposit, the respondent is permitted to withdraw the same, without furnishing security.

______ MVR,J Pab