P Sudhamani vs Konidala Muniramaiahdied,
2021 Latest Caselaw 3538 AP

               HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

    MAIN CASE: Second Appeal No.458 of 2021

                               PROCEEDING SHEET

  SL.                                                                         OFFICE
        DATE                            ORDER
  No.                                                                          NOTE

HCJ
  1.& 15.9.2021
      RSR, J    MVR, J
                                    I.A. No.1 of 2021

                      Heard.      Leave is granted subject to any
                objection if raised by the respondents.

__________ MVR, J Second Appeal No.458 of 2021 Heard Sri Keerthi Kiran Kota, learned for the appellant.

Admit. The following are the substantial questions of law:

1) Whether the lower appellate Court is justified in law in setting aside the judgment and decree of the trial Court in toto in O.S.No.256 of 2003?

2) Whether the lower appellate Court is correct in law in passing judgment and decree against a dead person i.e., 8th respondent herein/mother of appellant herein who expired on 16.1.2010 much before passing of the judgment and decree dated 30.3.2021 in A.S.No.95 of 2016?

3) Whether the suit for partition in O.S.No.256 of 2003 in respect of a single property, which was purchased by the 8th respondent herein on 18.8.1978 through registered sale deed is barred by limitation?

4) Whether a suit for partition by the family members is maintainable in respect of a single property without including all the joint family properties?

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 Contd...,

Second Appeal No.458 of 2021 SL. OFFICE DATE ORDER No. NOTE

I.A. No.2 of 2021

Heard.

There shall be interim stay of operation of the decree dated 30.3.2021 in A.S.No.95 of 2016 on the file of the Court of learned VII Additional District, Gudur, SPSR Nellore District, concerned to O.S.No.256 of 2003 on the file of the Court of learned Junior Civil Judge, Sullurpet, until further orders, and notice.

__________ MVR, J vasu