Citation : 2021 Latest Caselaw 3418 AP
Judgement Date : 7 September, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO. SECOND APPEAL No.766 of 2019
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
09 07.09.2021 MVR,J
S.A.No.766 of 2019
Heard Sri P.Rama Sharana Sharma, learned
counsel for the appellant. ADMIT.
The following are the substantial questions of
law.
1. Whether the Courts can consider the plea of
adverse possession in a suit for recovery of
possession of the suit property?
2. Whether the Courts can comment on the title of
the defendant in a suit by the plaintiff for
recovery of property, instead of pondering on the
title strength of the plaintiff himself/ herself?
3. Can the Article 64 of the Limitation Act be
applied in a suit filed for recovery of possession
basing on earlier possession?
List during 2nd week of December, 2021.
_____
MVR,J
I.A.No.1 of 2019
In the meantime, to file certified copy of the
judgment of the trial Court.
_____
MVR,J
I.A.No.2 of 2019
Heard. Interim stay of operation of decree dated
14.08.2013 in O.S.No.493 of 2006 on the file of the
Court of the learned VI Additional Senior Civil Judge,
Visakhapatnam, confirmed in A.S.No.1 of 2014 by the
decree and judgment dated 31.07.2019 of the learned II
Additional District Judge, Visakhapatnam, until further
orders, subject to the petitioner depositing the suit
costs within six (06) weeks from the credit of the suit
and the respondent is permitted to withdraw the costs
so deposited without furnishing any security.
_____ MVR,J Note: Issue C.C. by 09.09.2021.
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