Velugubantla Venkataramana vs Lakamana Lakshmi Tulasi
2021 Latest Caselaw 2716 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.458 of 2012
                                      PROCEEDING SHEET
Sl.      Date                                  ORDER                                 OFFICE
No.                                                                                   NOTE
8.    29.07.2021   MVR,J                                                             Tr. to I-O
                                                                                       folder
                                                                                      before
                                        S.A.No.458 of 2012                          corrections
                                                                                      if any.
                                                                                     Pl.verify.
                           Heard Sri K.B.Ramanna Dora, learned counsel for the
                   appellant and Sri E.V.V.S.Ravi Kumar, learned counsel for
                   the respondents.

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 Court below justified in reversing the well reasoned order passed by the learned II Additional Senior Civil Judge, Kakinada, East Godavari District in E.A.No.1055 of 2004 in E.P.No.216 of 2004 in O.S.No.56 of 1994?

2. Whether a property can be sold where the shares of the parties were not divided by metes and bounds and whether the property of undivided share without proper partition can be delivered to the purchaser?

3. Whether any collusion be presumed when there was gap of nearly 10 years in between date of filing of suit and filing of E.P on the mere ground that the decree is ex parte? 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 third week of September, 2021.

______ MVR,J Pab