Heard Sri O.Uday Kumar vs Sri Krupa Homes
2021 Latest Caselaw 3766 AP

            HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: SECOND APPEAL No.464 of 2021

                               PROCEEDING SHEET

Sl.                                                                               OFFICE
        DATE                               ORDER
No.                                                                               NOTE.

02    24.09.2021 MVR,J.

Heard Sri O.Uday Kumar, learned counsel for the appellant.

ADMIT.

The following are the substantial questions of law.

1. Whether the plaintiff discharged his burden of proving his right, title on his own strength but not on the weakness of the case of the appellant?

2. Whether the suit filed by the plaintiff is barred by limitation? In the instant case the specific plea of the appellant in the written statement is that she occupied part of the plaint schedule property about 15 years back and Ex.B1 clinching the issue whereas both the Courts did not framed issue of suit barred by limitation.

3. Whether the Courts below considered and adjudicated that the plaintiff established his vendor title as per settled proposition in Executive Officer, Sri Bramaramba Mallikarjuna Swamy Temple, Beeramgud, Patancheru Mandal, Medak District vs. Sri Krupa Homes and others (2019(6) ALT 699)?

4. Whether the first appellate court being final court of facts had properly considered, appreciated the oral and documentary evidence in its true interpretation?

Contd.....

Notice to respondents.

List during last week of December,2021.

______ MVR,J I.A.No.2 of 2021

Heard. There shall be interim stay of operation of the decree in O.S.No.262 of 2007 dated 27.07.2015 of the Court of the learned I Additional Junior Civil Judge, Tirupati confirmed in A.S.No.128 of 2015 by the decree and judgment dated 22.03.2021 of the Court of the learned V Additional District Judge, Chittoor at Tirupati, until further orders, subject to the petitioner depositing the suit costs to the credit of the suit within six (06) weeks from now and notice.

______ MVR,J I.A.No.1 of 2021

List along with the main appeal.

______ MVR,J RR