R Rekha vs Smt. K.Vidyalaktha
2021 Latest Caselaw 2744 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.327 of 2021
                                     PROCEEDING SHEET
Sl.      Date                                    ORDER                                  OFFICE
No.                                                                                      NOTE
2     30.07.2021   MVR,J                                                                Tr. to I-O
                                                                                          folder
                                                                                         before
                                         S.A.No.327 of 2021                            corrections
                                                                                         if any.
                                                                                        Pl.verify.
                           Heard Sri S.Subba Reddy, learned counsel for the

                   appellant, M/s.Indus Law Firm for respondents 1 and 2 and

learned Government Pleaders for Appeals and Arbitration

appearing for the respondents 3 to 5.

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 lower appellate Court framed points for consideration as mandated under Order 41 Rule 31 CPC being the final fact finding Court, if not the judgment and decree of the lower appellate Court is liable to be set aside?

2. Whether the non-consideration of Exs.A2, A3, A11 to A14 would vitiate the judgment of the lower appellate Court?

3. Whether the respondents, having pleaded that the plaint 'B' schedule is joint property proved the same? If not, the judgment of the lower appellate Court is liable to be set aside?

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

At request on behalf of M/s.Indus Law Firm, list on

11.08.2021, for counter.

______ MVR,J Pab