Mulla Alamsagari Ghouse Mohiddin vs Chandbaigari Hasan
2021 Latest Caselaw 2689 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.333 of 2021
                                       PROCEEDING SHEET
Sl.      Date                                          ORDER                                     OFFICE
No.                                                                                               NOTE
1.    28.07.2021   MVR,J                                                                         Tr. to I-O
                                                                                                   folder
                                                                                                  before
                                           S.A.No.333 of 2021                                   corrections
                                                                                                  if any.
                                                                                                 Pl.verify.
                           Heard Sri Syed Kaleemulla, 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          or    not   in   a    suit    for   specific
                                   performance brought by the transferee based on
                                   part performance under Section 53A of the
                                   Transfer of Property Act the period of limitation
                                   runs from the date of refusal on the part of the
                                   transferor or the persons claiming through him
                                   to perform their part of contract?
                             2. Whether the judgment and decree of the
                                   learned 1st appellate Court is perverse or not
                                   and contrary to the evidence or not?

                    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 last week of October, 2021.

______ MVR,J I.A.No.1 of 2021

Heard.

Issue ad-interim injunction restraining the respondents

1 and 3 to 8 from interfering with the peaceful possession

and enjoyment of the plaint schedule property by the

petitioner/appellant concerned to O.S.No.179 of 2011 on

the file of the Court of learned Junior Civil Judge,

Allagadda, until further orders.

Notice.

______ MVR,J Pab