Boya Nagarathnamma, vs Boya Chandra Sekar Sharath Kumar,
2021 Latest Caselaw 4706 AP

                     HIGH COURT OF ANDHRA PRADESH

                   MAIN CASE NO.: S.A.No.540 of 2021
                               PROCEEDING SHEET
Sl.      Date                          ORDER                                   OFFICE
No.                                                                             NOTE

1.    18.11.2021   RRR, J
                                       I.A.No.1 of 2021

                            For the reasons set out in the affidavit,
                   the filing of the certified copy of the judgment
                   and decree passed in O.S.No.59 of 2011, dated
                   19.11.2018, on the file of the learned Senior
                   Civil     Judge,       Penukonda,     Ananthapuramu
                   District, are dispensed with for the time being
                   with a direction to the petitioner to file the
                   same      immediately after       receiving    the   said
                   certified copies.



                                                                 ________
                                                                  RRR, J
                                       I.A.No.2 of 2021
                            For the reasons set out in the affidavit,
                   the filing of the certified copy of the judgment
                   and decree passed in A.S.No.16 of 2019, dated
                   03.12.2020, on the file of the learned II
                   Additional        District   Judge,   Ananthapuramu
                   District, are dispensed with for the time being
                   with a direction to the petitioner to file the
                   same      immediately after       receiving    the   said
                   certified copies.



                                                                 ________
                                                                  RRR, J

                                     S.A.No.540 of 2021

                            Admit.
                            The following substantial questions of law
                   are taken up for consideration:
                            Whether       the    misinterpretation/
                           misconstruction placed by the First
                           Appellate Court on Ex.A1/Will, dated
       27.01.1970     observing         that    as     per
      Section 90 of Indian Evidence Act the
      same Will is genuine document as it is
      more than 30 years old and considered
      the same will deed resulted in the
      depriving the title and possession of
      the appellants over the suit schedule
      property.
                           and
       Whether       the      appellate             Court
      overlooked the admissible evidence of
      Ex.B1 to B3 original registered sale
      deeds and receiving record in favour of
      the defendant and acted upon the
      inadmissible      evidence   Ex.A1       to     A5
      while Ex.A4 is subsequent document of
      Ex.B1 registered sale deed.


                                                     ________
                                                      RRR, J
                  I.A.No.3 of 2021


       Learned counsel           for     the    petitioner is
permitted to take out personal notice to the
respondent         by       registered              post    with

acknowledgment due and file proof of service by the next date of hearing.

Post on 08.12.2021.

In the meanwhile, there shall be an interim stay of alienation of the suit schedule property.

________ RRR, J

SPP