Smt. Kodaebathula Mahalakshmi vs Paladugula Veeraju
2021 Latest Caselaw 3909 AP

       HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

MAIN CASE: SECOND APPEAL No.781 of 2014

                          PROCEEDING SHEET

Sl.     Date                           ORDER                               OFFICE
No.                                                                         NOTE


5.    04.10.2021 MVR,J
                            Second Appeal No.781 of 2014

                     Heard Sri Kambhampati Ramesh                Babu,
               learned counsel for the appellants.

                     Admit. The following are the substantial
               questions of law:

                  1. Whether the appeal filed by the respondents

herein is maintainable in respect of the relief of declaration of title particularly when the appellants are not claiming any right over the plaint schedule property and the appellants are not at all affected by the decree in respect of the declaration of title over the plaint schedule property?

2. Whether the appellate Court is legally justified in reversing the decree and judgment of the trial Court?

3. Having regard to the nature of the defence set up by the respondents/defendants, whether an appeal in terms of Section 96 CPC could have been maintained at their instance against the appellants (plaintiffs) and having regard to the nature of the relief sought in the suit by the respondents?

Issue notice to the respondents to submit arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., AIR 2019 SC 3027 followed).

List during the 3rd week of December 2021.

__________ MVR,J vasu