Chintapalli Nageswara Rao vs Chintapalli Sithapathi
2021 Latest Caselaw 2745 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.322 of 2021
                                      PROCEEDING SHEET
Sl.      Date                                     ORDER                                 OFFICE
No.                                                                                      NOTE
2     30.07.2021   MVR,J                                                                Tr. to I-O
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                                                                                         before
                                            S.A.No.322 of 2021                         corrections
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                                                                                        Pl.verify.
                           Heard Sri Sai Gangadhar Chamarty, learned counsel for
                   the appellants and Sri V.Venkata Naga Raju, learned
                   counsel, who entered caveat 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 decree and judgment of the appellate Court is sustainable in the light of non-compliance of mandatory requirement under Order 41 Rule 31 C.P.C?

2. Whether oral evidence lead by plaintiff can be accepted contrary to the documentary evidence regarding oral partition urged by the defendant?

3. Whether the findings of the appellate Court are contrary to the evidence on record?

4. Whether the decree and judgment of the appellate Court sustainable for its findings without framing issue as required under Order 41 CPC?

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 October, 2021.

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

Heard.

In the circumstances, the trial Court is permitted to proceed on with the final decree proceedings if any and shall not pass a final decree, until further orders. Notice.

______ MVR,J

Pab