Baswani Somayajulu vs Baswani Manjula
2021 Latest Caselaw 2023 AP

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

THURSDAY, THE SEVENTEENTH DAY OF
JUNE TWO THOUSAND AND TWENTY ONE
:-PRESENT:
THE HONOURABLE SRI JUSTICE M.VENKATA RAMANA

  

SECOND APPEAL NO: 260 OF 2021
Between: ee ee
1. Baswani Somayajulu, S/o. Mangayya Varma, aged 44 years, Occ. Cultivation, »~
R/o. Gutlapadu, Bhimavaram Town and Mandal, West Godavari District. .~ a
2. Koppadi Lakshmi Narasamma, W/o. Udayashankar, aged 54 years, Housewife,
R/o. Gutlapadu, Bhimavaram Town and Mandal, West Godavari District.
3. Matcha Ratnamamba, W/o. Challa Rao, aged 49 years, Housewife, R/o.
Dowleswaram, Rajahmundry, East Godavari District.

. Appellants/
Appellants 2 to 4/
Defendants 4 to 6
AND

1. Baswani Manjula, W/o. Late Ramachandra Yogi, aged 48 years, C/o. KVS
Varma, 73-15-4/4, Saibalaji Homes, Narayanapuram, Flat No. A-2, Rajahmundry,
East Godavari District.

2. Baswani Lakshmi Saiteja, S/o. Late Ramachandra Yogi, aged 21 years, C/o.
KVS Varma, 73-15-4/4, Saibalaji Homes, Narayanapuram, Flat No. A-2,
Rajahmundry, East Godavari District.

3. Baswani Geethesh, S/o. Late Ramachandra Yogi, aged 21 years, C/o. KVS
Varma, 73-15-4/4, Saibalaji Homes, Narayanapuram, Rat No. A-2, Rajahmundry,
East Godavari District.

. ._Respondents/
Respondents/
Plaintiffs

4. Baswani Marraju, S/o. Mangayya Varma, aged 64 years, LIC Agent, R/o. Plot
No. 2, Sri Soudha Apartments, Arkot Road, Saligram, Chennai-93, Tamilnadu
State.

. Respondent/
1° Appellant/
3° Defendant

WHEREAS the Appellants above named through their Advocate Ms.
Nimmagadda Revathi presented this Second Appeal under Section 100 CPC against
the order dated being aggrieved by the Decree and Judgment, Dt. 02.03.2020 passed in
A.S No.14 of 2015 on the file of Court of Learned {fl Addl. District Judge, Bhimavaram
dismissing the appeal and thereby confirming the Decree and Judgment dt. 24.11.2014
passed in O.S. No.146 of 2006 on the file of Court of Learned Senior Civil Judge,
Bhimavararm.

AND WHEREAS the High Court upon perusing the petition and memorandum of
grounds filed herein and upon hearing the arguments of Ms. Nimmagadda Revathi,
Advocate for the Appellants, directed issue of notice to the Respondents herein to show
cause as to why this SECOND APPEAL should not be admitted.

You viz:

1. Baswani Manjula, W/o. Late Ramachandra Yogi, C/o. KVS Varma, 73-15-4/4,
Saibalaji Homes, Narayanapuram, Flat No. A-2, Rajahmundry, East Godavari
District.

2. Baswani Lakshmi Saiteja, S/o. Late Ramachandra Yogi, C/o. KVS Varma, 73-15-
4/4, Saibalaji Homes, Narayanapuram, Flat No. A-2, Rajahmundry, East
Godavari District. .

3. Baswani Geethesh, S/o. Late Ramachandra Yogi, C/o. KVS Varma, 73-15-4/4,
Saibalaji Homes, Narayanapuram, Rat No. A-2, Rajahmundry, East Godavari
District.
 

4.

Baswani Marraju, S/o. Mangayya Varma, R/o. Plot No. 2, Sri Soudha
Apartments, Arkot Road, Saligram, Chennai-93, Tamilnadu State.

are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the memorandum
of grounds filed therewith {copy enclased) this SECOND APPEAL should not be
admitted.

The Court made the following;

ORDER:

"Heard Ms.Nimmagadda Revathi, learned counsel for the appellants.

Considering the decrees and judgments of the trial Court as well as the first appellate Court since the following substantial questions of law arise for determination in this second appeal, Admit:

(1) Whether the Courts below failed to examine that there was no pleading in

the plaint as to alleged acquisition of property by 1' respondent's husband and his source of title in which case the suit should have been dismissed in imine?

(2) Whether the Courts below failed in not considering that as per Section 102

To,

MSB

of the Indian Evidence Act, 1872, the burden of proof lies on that person who asserts a fact and if he fails to produce evidence in support of the same, his burden is not discharged?

Notice to the respondents. Personal notice is permitted. List in the 1*' week of August 2021." Sd/- B.CHITTI JOSEPH ASSISTANT REGISTRAR TRUE COPYI/ Re

For ASSISTANT REGISTRAR

. Baswani Manjula, W/o. Late Ramachandra Yogi, C/o. KVS Varma, 73-15-4/4,

Saibalaji Homes, Narayanapuram, Flat No. A-2, Rajahmundry, East Godavari District.

Baswani Lakshmi Saiteja, S/o. Late Ramachandra Yogi, C/o. KVS Varma, 73-15- 4/4, Saibalaji Homes, Narayanapuram, Flat No. A-2, Rajahmundry, East Godavari District.

Baswani Geethesh, S/o. Late Ramachandra Yogi, C/o. KVS Varma, 73-15-4/4, Saibalaji Homes, Narayanapuram, Rat No. A-2, Rajahmundry, East Godavari District.

Baswani Marraju, S/o. Mangayya Varma, R/o. Plot No. 2, Sri Soudha Apartments, Arkot Road, Saligram, Chennai-93, Tamilnadu State.(1 to 4 by RPAD)

. One CC to Ms. Nimmagadda Revathi, Advocate {OPUC]

One spare copy.

HIGH COURT

MYR,J

DATED: 17/06/2021

ORDER

LIST IN THE 1°? WEEK OF AUGUST 2021

NOTICE BEFORE ADMISSION

SA.No.260 of 2021