K V Ranga Rao vs C K Babu
2021 Latest Caselaw 3807 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.402 of 2021
                                      PROCEEDING SHEET
Sl.      Date                                     ORDER                                  OFFICE
No.                                                                                       NOTE
5     28.09.2021   MVR,J                                                                 Tr. to I-
                                          S.A.No.402 of 2021                             O folder
                                                                                          before
                      Heard learned counsel for the appellant.                           correcti
                                                                                          ons if
                      Upon consideration of the decrees and judgments of the
                                                                                           any.
                   trial Court as well as the 1st appellate Court, since the             Pl.verify
                                                                                             .

following substantial question of law arises for determination in the second appeal, ADMIT.

1. Whether from the mere evidence of the Scientific Officer, DW., the court can on the basis of the provision of Section 45 of the Indian Evidence Act treat the signature on the Ex.A1 as forged?

2. Whether the courts below are correct in not exercising the discretion under Section 20 of the Specific Preference Contract of Sale more particularly when the plaintiff proved execution of contract of such by examining the attestor on it as PW.2?

3. Whether the courts below are justified in not drawing an inference with regard to the proof of execution of Ex.A1 contract of sale, more particularly when DW.1(defendant) admitted that the plaint schedule property is in the possession of plaintiff and that he did not take any legal action against appellant/plaintiff?

Issue notice to the respondent. List the matter during the last week of December, 2021.

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

Issue notice to the respondents.

______ MVR,J

Pab