Thota Seetha Ramayya ,Died vs Tirumani Vaddikasulu
2021 Latest Caselaw 3326 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.325 of 2021
                                      PROCEEDING SHEET
Sl.      Date                                    ORDER                               OFFICE
No.                                                                                   NOTE
2.    01.09.2021   MVR,J                                                             Tr. to I-
                                                                                     O folder
                                           I.A.No.1 of 2021                           before
                                                                                     correcti
                           The respondents 2 and 3 are served. Service against        ons if
                                                                                       any.
                   them is sufficient. None represented them.                        Pl.verify
                                                                                         .

Postal endorsement shows that the 1st respondent is no

more.

Sri K.Chidambaram, learned counsel for the petitioner

represents that the respondents 2 and 3 are the only legal

representatives of the 1st respondent, which fact is

recorded.

Heard Sri K.Chidambaram, learned counsel for the

petitioner.

Accepting the reasons stated in the affidavit filed in

support of this petition making out sufficient cause explaining

the delay, the delay of 92 days in filing the second appeal is

condoned.

Accordingly, this petition is allowed.

______ MVR,J S.A.No.325 of 2021

In view of the submission of Sri K.Chidambaram, learned

counsel for the appellant recorded in I.A.No.1 of 2021 that

the respondents 2 and 3 are the only legal representatives of

the 1st respondent, though the 1st respondent died. This fact

is recorded.

Registry is directed to note that the 1st respondent is no

more and he is represented by the respondents 2 and 3.

Upon consideration of the decrees and judgments of the trial Court as well as the 1st appellate Court, since the following substantial questions of law arise for determination in the second appeal, ADMIT.

Contd...

1. Whether the reasoning given by the courts below for discarding Exs.A1, A2, A6 and A7 can be sustained when the said documents are presumed to be true until the contrary is proved as per Section 6 of the A.P.Rights in land and Pattadar Passbooks Act, 1971?

2. Whether the findings of the courts below insofar as the possession of the suit schedule property is concerned can be sustained in the absence of consideration of Exs.A3 to A7? Issue notice to the respondents. List the matter on 26.10.2021.

______ MVR,J

I.A.No.2 of 2021

Notice.

______ MVR,J Pab