Pagadala Parvathamma vs Pagadala Seetharamaiah
2021 Latest Caselaw 4178 AP

                   HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

MAIN CASE NO.:      S.A.No.249 of 2019
                                     PROCEEDING SHEET

Sl.      Date                                    ORDER                                     OFFICE
No.                                                                                         NOTE
7     22.10.2021   MVR,J                                                                   Transferr
                                                                                            ed to I-O
                                         S.A.No.249 of 2019                                  Folder
                                                                                             before
                       Heard Sri T.Lakshminarayana learned counsel for the                 correction
                                                                                            s, if any.
                   appellant.                                                                Please
                                                                                             verify.
                       Since the following substantial questions of law arise for
                   determination in the second appeal, ADMIT.
                         1. Whether the lower appellate court having
                             framed the points for consideration can
                             decline to give a finding on its own on the
                             ground that the finding given by another civil
                             court (in O.S.No.2517 of 2004) on the file of
                             Principal Junior Civil Judge Court, Guntur) in
                             a simple suit for injunction which did not
                             have an issue as to the agreement of
                             sale(Ex.A8) in that suit?
                         2. Whether the lower appellate court can
                             express its inability to give any finding in
                             respect of the agreement of sale (Ex.A8) and
                             confirm the judgment of the trial court?
                         3. Whether in a suit for specific performance
                             the     benefit   under        Section   49   of   the
                             Registration      Act     is    available     to   the
                             appellant/plaintiff?
                     Issue notice to the respondents.

List the matter during the first week of January, 2022 along with I.A.

______ MVR,J

Pab