C. Dhorai vs C.Thyagarajdied
2022 Latest Caselaw 2103 AP

                            HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       S.A.No.200 of 2022
                               PROCEEDING SHEET
Sl.N      Date                            ORDER                              OFFICE
 o.                                                                           NOTE




       28.04.2022 BSB, J

                      Heard     the    learned     counsel     for    the
                  appellant/2nd defendant.
                      The sole plaintiff initially filed the suit for
                  partition and separate possession and the same
                  was dismissed. The appeal in A.S.No.83 of 2009
                  preferred by appellants 2 to 4/plaintiffs 2 to 4,
                  who are the legal representatives of the
                  deceased sole plaintiff, was allowed in part
                  setting aside the judgment and decree in
                  O.S.No.106 of 2009. Aggrieved thereby, the
                  second defendant preferred the second appeal
                  on the following substantial questions of law are
                  raised.


                     1. Whether the Judgment and Decree passed by
                        the Learned First Appellate Court is sustainable
                        as the Learned First Appellate Court did not
                        show the conscious application of mind and
                        did not record the findings in clear terms while
                        differing with the Judgment of the Learned
                        Trial Court, as held by the Hon'ble Supreme
                        Court in Jamila Begum (D) thr. L.Rs. vs Shami
                        Mohd. (D) thr. L.Rs. and Ors. reported in AIR
                        2019 SC 72 and Laliteshwar Prasad Singh and
                        Ors. Vs. S.P.Srivastava (D) thr. LR reported in
                        (2017) 2 SCC 415?

                     2. Whether the Judgment and Decree passed by
                        the Learned First Appellate Court is sustainable
                        as it is contrary to letter and spirit of Sections
                        91 and 92 of the Indian Evidence Act, as held
                        by the Hon'ble Supreme Court V. Anantha Raju
                        and Ors. vs. T.M.Narasimhan and Ors.
                        reported in AIR 2021 SC 5342?
    3. Whether the Judgment and Decree passed by
      the Learned First Appellate Court is sustainable
      without non consideration of material
      evidence, as held by the Hon'ble Supreme
      Court in Nellikokottu Kolleriyil Madl vs
      Kavakkalathil Kalikutty and Others reported in
      1997 1 SCC 749 the Hon'ble High Court of
      Andhra Pradesh in Shyamala and Ors. vs Ram
      Bilas Tapadia and Ors. reported in 2003 (2)
      ALD 593?

   4. Whether the Judgment and Decree passed by
      the Learned First Appellate Court is perverse
      and contrary to evidence, as held by the
      Hon'ble Supreme Court in Kulwant Kaur and
      Ors. Vs Gurdial Singh Mann (Dead) by Lrs. and
      Ors. reported in AIR 2001 SC 1273 and Bondar
      Singh and Ors. Vs Nihal Singh and Ors.
      reported in AIR 2003 SC 1905?



      In view thereof, it is a fit case to admit
the appeal.
     ADMIT.
     Notice to respondents.

Post on 30.06.2022.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondents through RPAD and file proof thereof.

_________________ B.S.BHANUMATHI,J

I.A.No.1 of 2022

This petition is filed to suspend the operation of decree and judgment dated 21.03.2022 in A.S.No.83 of 2019 on the file of the court of Principal District Judge, Chittoor.

Notice to respondents. Post on 30.06.2022.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondents through RPAD and file proof thereof.

Till then, interim order as prayed for is granted.

_________________ B.S.BHANUMATHI,J PNV