Challa Santhamma vs Smt Karanam Varalakshmi
2021 Latest Caselaw 2690 AP

                       HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.330 of 2021
                                           PROCEEDING SHEET

Sl.       Date                                      ORDER                                       OFFICE
No.                                                                                              NOTE
1.     28.07.2021   MVR,J                                                                        Tr. to I-O
                                                                                               folder before
                                                                                               corrections if
                                               I.A.No.1 of 2021                                     any.
                                                                                                 Pl.verify.

                       Heard.
                       For the reasons stated in the affidavit filed in support of this
                    petition, delay of 309 days in representing the appeal memo is
                    condoned.
                       Accordingly, this petition is allowed.
                                                                                     ______
                                                                                     MVR,J
                                              S.A.No.330 of 2021

                            Heard Sri Yallabandi Ramatirtha, 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 Courts below are right in dismissing the
                                   suit of the appellant for specific performance by
                                   coming to a conclusion that the time is the essence
                                   of the contract and there are laches on the part of
                                   the appellant in seeking the relief at earliest point of
                                   time?
                               2. Whether the Courts below are right in coming to a
                                   conclusion that there are laches on the part of the
                                   appellant without appreciating the evidence of the
                                   appellant with regard to intention and understanding
                                   of the parties for measuring the land with the
                                   assistance of Surveyor?
                               3. Whether the 1st appellate Court disposed of the
                                   appeal by following Order 41 Rule 31 CPC in its
                                   proper perspective?
                               4. Whether     the   Courts    below   are   right   in   not
                                   considering the purport of amendment to section 10
                                   of the Specific Relief Act, in dismissing the suit of
                                   the appellant?

                     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 last week of October, 2021.

______ MVR,J

Contd...

......contd...

28.07.2021 I.A.No.2 of 2021

Heard.

Issue ad-interim injunction restraining the respondent from

alienating or encumbering the plaint schedule property concerned

to O.S.No.895 of 2005 on the file of the Court of learned

I Additional Junior Civil Judge, Eluru, until further orders.

Notice.

______ MVR,J Pab