Andhra Pradesh High Court - Amravati
Krishnam Satyanarayana Gupta ... vs Kristam Sesha Sai Gupta, on 5 March, 2021
Bench: B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE FIFTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE :
:PRESENT: :
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN :
SECOND APPEAL NO: 84 OF 2021
Between:
1. Krishnam Satyanarayana Gupta (Died).
2. Krishnam Rajeshwari, W/o. Satyanarayana Gupta. Aged about 41 years, Occ-
Housewife, R/o. D.No.13-655, RC Nagar, Railway Lane, Anantapuramu,
Anantapuramu District.
.... Appellants/ Appellants/Defendants
AND
Kristam Sesha Sai Gupta, S/o. Satyanarayana Gupta, Aged about 43 years,
Occ- Medical Transcription, C.B.A.Y System, R/o. 303, Ath Floor, Rajahamsa
Rainbow, 1° Main, 1% Cross, Aravinda Nagar, Anantapuramu, Anantapuramu
District.
.... Respondent/RespondentPlaintiff.
Second Appeal under Section 100 CPC praying that the High Court may be
pleased to allow the appeal by setting aside the judgment and decree of the 1°
Additional District Judge, Anantapuramu passed in AS.No.105/2019 dated 04.12.2020
in confirming the judgment and decree of the Principal Senior Civil Judge,
Anantapuramu, passed in OS.No.195/2012 dated 13.09.2019.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to stay all further
proceedings including passing of final decree in pursuance of the judgment of the 1°
Additional District Judge, Anantapuramu passed in AS.No.105/2019 dated 04.12.2020
in confirming the judgment and decree of the Principal Senior Civil Judge,
Anantapuramu, passed in OS.No.195/2012 dated 13.09.2019, Pending disposal of SA
No.84 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and and upon hearing the arguments of Sri O Manoher. Reddy,
Advocate for the Petitioners, Advocate for the Respondent and the Court made the
following.
ORDER:
"This second appeal arises against the judgment and decree in A.S.No.105
of 2019 on the file of I Additional District Judge, Ananthapur District at
Anantapuramu dated 04.12.2020 confirming the judgment and decree in
O.S.No.192 of 2012 on the file of Principal Senior Civil Judge, Ananthapuramu,
dated 13.09.2019.
Heard the learned counsel for the appellants. The appellants herein are the
appellants in the first appeal and the defendants in the suit. The respondent herein
is the respondent in the first appeal and the plaintiff in the suit.
The plaintiff initiated action in O.S.No.195 of 2012 on the file of Principal
Senior Civil Judge's Court, Ananthapuramu, seeking for partition and separate
possession of his half share in the suit schedule property against the defendants.
Upon the trial court considering the matter on merits decreed the suit by ordering
a preliminary decree in favour of the plaintiff and declaring that the plaintiff and
the 1* defendant are entitled for partition and separate possession of half share
each in the suit schedule property vide its judgment dated 13.09.2019. Aggrieved
by the same the defendants preferred first appeal vide A.S.No.105 of 2019 on the
file of I Additional District Judge, Ananthapur District at Anantapuramu. Upon
hearing the matter on merits the lower appellate court also simply confirmed the
judgment of the trial court vide its judgment and decree dated 04.12.2020.
Assailing the same, the defendants came in the second appeal under Section 100
CPC contending that the lower appellate court has not dealt with independently
the evidence on record and simply confirmed the judgment of the trial court on an
erroneous view of law and facts.
The appellants herein raises the following ground as the substantial
question of law for consideration of this court:
Whether the appreciation and findings of the courts below are perverse in
passing the preliminary decree in favour of the plaintiff.
In the above said circumstances, the notice is ordered to the respondent.
The appellants' counsel is directed to take out notice to the respondent and
file proof of service within three weeks from today.
List on 06.04.2021.
Pending further orders, there shall be an order of stay of passing of final
decree by the trial court with a liberty to proceed with the other proceedings in the
final decree application." Sd/-M.RameshBabu
ASSISTANT REGISTRAR
I(TRUE COPYI/
For SECTION OFFICER
To,
1. The Principal Senior Civil Judge, Anantapuramu. ~
2. The 1* Additional District Judge, Anantapuramu. "a
3. Kristam Sesha Sai Gupta, S/o. Satyanarayana Gupta, R/o. 303, 4th Floor,
Rajahamsa Rainbow, 1* Main, 1° Cross, Aravinda Nagar, Anantapuramu, --
Anantapuramu District.(by RPAD)
4. One CC to Sri. O Manoher Reddy Advocate [OPUC] a
5. One spare copy
HIGH COURT
BKMJ
DATED:05/03/2021
ORDER
SA.No.84 of 2021
STAY
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