Citation : 2021 Latest Caselaw 3834 AP
Judgement Date : 29 September, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO. SECOND APPEAL No.686 of 2014
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
06 29.09.2021 MVR,J
S.A.No.686 of 2014
Heard Sri E.V.V.S.Ravi Kumar, learned counsel for
the appellant and Sri O.Manohar Reddy, learned counsel
for the respondent.
ADMIT.
The following are the substantial questions of law:
1. Whether the judgment and decree of the lower appellate court is vitiated in not considering the admission of plaintiff as to knowledge of possession of less land as per his pattadar passbook?
2. Whether the lower appellate Court has correctly applied the law laid down by the Apex Court in Union of India v. Vasavi Co-op Housing Society Limited and others (CDJ 2014 SC 006)?
3. Whether the burden of the defendant to show possession of the disputed land by the defendant's vendor and the defendant stood discharged by the sub-division proceedings into S.No.211/2 and 211/2A and the admission of the plaintiff as P.W.1 that pattadar passbook was issued only for Ac.8.70 cents?
4. Whether the judgment and decree of the lower appellate Court is vitiated in view of the fact that the boundaries in the sub-division became final? List during the 3rd week of November, 2021.
_____ MVR,J I.A.No.1 of 2014 (S.A.M.P.No.1959 of 2014)
Heard Sri E.V.V.S.Ravi Kumar, learned counsel for the petitioner and Sri O.Manohar Reddy, learned counsel for the respondent. There shall be interim stay of E.P.No.192 of 2021 on the file of the Court of the learned Principal / Additional Junior Civil Judge, contd...
Ananthapur in terms of the decree and judgment in A.S.No. 8 of 2013 on the file of the Court of the learned III-Additional District Judge, Ananthapur , until further orders, subject to the petitioner depositing the costs awarded by the appellate Court to the credit of the suit within six (06) weeks from now and further subject to the condition that the petitioner shall not in any manner create third party interest or encumber or alienate the plaint schedule property to an extent of Ac.1-47 cents alone shown therein.
_____ MVR,J Note: Issue C.C.today B/o RR
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