Penukonda Baba Fakruddin vs Smahaboob Basha
2022 Latest Caselaw 5093 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE NO.: S.A.No.319 of 2022
                                   PROCEEDING SHEET
Sl.     Date                                     ORDER                                    OFFICE
No.                                                                                        NOTE

5.    10.08.2022   SRS,J
                                          S.A.No.319 of 2022

                         The appellants/plaintiffs filed the present second
                   appeal against the judgment and decree, dated 17.01.2022
                   passed in A.S.No.48 of 2018 by learned VI Additional District
                   Judge, Ananthapuramu, Gooty, confirming the judgment and
                   decree, dated 11.10.2018 passed in O.S.No.187 of 2009 on
                   the file of learned Junior Civil Judge, Gooty.

                         The appellants/plaintiffs filed O.S.No.187 of 2009 for
                   declaration of right and title of the plaintiffs over the plaint
                   schedule    property    and   for   granting    of   consequential
                   permanent       injunction    restraining      the   respondents/

defendants, their men and agents from interfering or disturbing in any way with the peaceful possession and enjoyment of the appellants/plaintiffs over the suit schedule property and to declare that the gift deed dated 22.11.2008 executed by respondent No.1/defendant No.1 in favour of respondent No.2/defendant No.2 as void transaction and its cancellation.

Respondent No.1/defendant No.1 filed written statement denying the case of the appellants/plaintiffs stating that vendor of the appellants/plaintiffs have right over the land to an extent of Ac.0-18 cents of land adjoining the land of the respondents/defendants on the South and neither the appellants/plaintiffs nor their vendors have right to create sale deed for the entire extent of Ac.0-28 cents. Respondent No.2/defendant No.2 adopted written statement of respondent No.1/defendant No.1

The trial Court vide judgment, dated 11.10.2018 partly decreed the suit by declaring the relief of declaration of right and title over the land for an extent of Ac.0-18 cents under Ex.A5 and dismissed for Ac.0-10 cents of land which is shown as 'ABCD' in 'XYZ' property. Against the said judgment, appellants/plaintiffs preferred A.S.No.48 of 2018. The lower appellate Court dismissed the said appeal by confirming the judgment and decree of the learned trial Court. Hence, the present second appeal.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgments of Courts below are vitiated in not considering Ex.A6?

2. Whether the judgments of the Courts below are vitiated in not marking X1 though it was shown as marked in the Commissioner's report.

3. Whether placing of burden on the plaintiffs is sustainable in view of admitted pleadings of the parties?

______ SRS,J I.A.Nos.1 and 2 of 2022

Post these petitions along with the second appeal.

______ SRS,J ikn