P.Viswanadh Reddy vs Cingaram Raja Rathnamma
2022 Latest Caselaw 2105 AP

                            HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       C.M.S.A.No.7 of 2022
                               PROCEEDING SHEET
Sl.N      Date                           ORDER                            OFFICE
 o.                                                                        NOTE




       28.04.2022 BSB, J

                      Heard the learned counsel for the appellant.
                      The     present   appellant   is   the    second
                  respondent in I.P.No.12 of 2011 on the file of

the Court of Additional Senior Civil Judge, Ananthapuram and the petition was dismissed, whereas appeal in A.S.No.78 of 2018 was preferred on the file of the Court of I Additional District Judge, Ananthapuram, having aggrieved by the dismissal of the petition. The appellate Court reversed the finding and allowed the insolvency petition declaring the first respondent therein adjudging the first respondent as insolvent. Since the first respondent has not contested the proceedings at any stage, the second respondent who is the appellant herein is the aggrieved party being the purchaser of the property from the first respondent under a sale deed under Ex.P.4. Thus, this appeal is preferred challenging the decree and judgment in A.S.No.78 of 2018 on the following substantial questions of law are raised.

a) Whether the judgment of the lower appellate court is vitiated in ignoring to consider that the appellant is a bona fide purchaser of the property for valuable consideration?

b) Whether the judgment of the lower appellate court is vitiated in coming to the conclusion about the value mentioned in the document Ex.P.4 when admittedly the actual value of the property is always more than the market value as per the records?

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

ADMIT.

Notice to respondent Nos. 1 to 3. Post on 30.06.2022.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondent Nos.1 to 3 through RPAD and file proof thereof.

_________________ B.S.BHANUMATHI,J

I.A.No.1 of 2022

This petition is filed to suspend the order dated 07.12.2021 in A.S.No.78 of 2018 on the file of the court of I Additional District Judge, Anantapuramu, thereby staying all further proceedings in I.P.No.12 of 2011 on the file of the Additional Senior Civil Judge's Court, Ananthapuramu.

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