Singamsetti Seshaveni vs Kodeti Rama Koteswararao
2022 Latest Caselaw 1702 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE NO.: S.A.No.609 of 2019
                                     PROCEEDING SHEET
Sl.     Date                                     ORDER                                   OFFICE
No.                                                                                       NOTE

      08.04.2022   SRS,J
                                           S.A.No.609 of 2019

                            This second appeal is filed by the claim petitioner
                   against the judgment and decree, dated 03.09.2013
                   passed in A.S.No.17 of 2019 on the file of learned III
                   Additional District Judge, Bhimavaram confirming the
                   order, dated 13.12.2018 passed in E.A.No.528 of 2014 in
                   E.P.No.159 of 2013 in O.S.No.310 of 2010 on the file of
                   learned Senior Civil Judge, Bhimavaram.

                            Respondent No.1 herein filed O.S.No.310 of 2010

against respondent No.2 herein for recovery of amount on the strength of promissory note executed by respondent No.2 herein. The said suit was decreed on 09.04.2013.

Thereafter, E.P.No.159 of 2013 was filed, the schedule property was brought to sale and public auction was conducted on 10.12.2014. The appellant herein filed claim petition under Order XXI Rule 58 and Sections 47 and 151 of CPC claiming interest over the schedule property and the said claim petition was dismissed by order, dated 13.12.2018.

Aggrieved by the said order, the claim petitioner filed A.S.No.17 of 2019 and the same was dismissed on 03.09.2019, against which, the present second appeal is filed.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the first appellate Court was justified in dismissing the appeal ignoring the oral and documentary evidence, being final fact finding Court?

2. Whether the judgment of the first appellate Court is vitiated for not framing points for consideration under Order 41 Rule 31 of CPC?

3. Whether the judgment and order of the Courts below suffer from illegality on account of improper consideration of Ex.P1?

List the appeal on 05.05.2022 for hearing.

The interim order, granted on 22.11.2019 is extended until further orders.

______ SRS,J

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