M. Vijayalakshmi vs A.R.L. Rajyalakshmi Devi
2021 Latest Caselaw 3805 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.470 of 2021
                                      PROCEEDING SHEET
Sl.      Date                                    ORDER                                    OFFICE
No.                                                                                        NOTE
1     28.09.2021   MVR,J                                                                  Tr. to I-
                                          S.A.No.470 of 2021                              O folder
                                                                                           before
                      Heard Sri J.U.M.V.Prasad, learned counsel for the                   correcti
                                                                                           ons if
                   appellants.
                                                                                            any.
                      Upon consideration of the decrees and judgments of the              Pl.verify
                                                                                              .

trial Court as well as the 1st appellate Court, since the following substantial question of law arises for determination in the second appeal, ADMIT.

1. Whether the court below properly appreciated the evidence on record or not?

2. Whether the appellate court is justified in dismissing the appeal and confirming the judgment of the lower court without considering the contention of the appellants that the 4th respondent as Kartha of the Joint Hindu Family to meet out family exigencies he sold the subject property even though the plaintiffs have clearly admitted that they were in joint possession?

3. Whether the lower appellate court is correct without answering the specific contention of the appellants even if the decree is to remain the same is not executable since the relief sought for open site and as on the date of the presentation of suit there were structures? Issue notice to the respondents. List the matter during the last week of December, 2021.

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

The trial Court may go on with the final decree

proceedings but shall not pass the final decree, until further

orders.

Notice.

______ MVR,J Note:

Issue C.C. tomorrow.

B/o.

Pab