Proceeding Sheet vs Civil Judge
2022 Latest Caselaw 5786 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE NO.: S.A.No.305 of 2020

PROCEEDING SHEET Sl. Date ORDER OFFICE No. NOTE

11. 29.08.2022 SRS,J The above Second Appeal is filed by the plaintiff in suit O.S. No.84 of 2013 on the file of the learned Senior Civil Judge, Allagadda.

Plaintiff filed the suit O.S.No.84 of 2013 for partition of the plaint schedule property into two equal shares and allot one such share to the plaintiff. The trial Court by judgment and decree dated 04.09.2018 decreed the suit in respect of item Nos.1, 2 and 3 and negatived the relief in respect of item No.4 of plaint schedule property. Aggrieved by the said judgment and decree, defendant filed appeal in A.S. No.33 of 2019. The appellate Court by judgment and decree dated 03.03.2020 allowed the appeal and dismissed the suit.

Admit.

The following are substantive questions of law arises for consideration.

a) Whether the judgment of the appellate Court is vitiated in not framing points for consideration in Order 41 Rule 31 of CPC? and

b) Whether the judgment of the appellate Court is vitiated in not considering Ex.A1 to Ex.A4 in proper perspective?

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I.A. No.1 of 2020

This application filed seeking stay of all further proceedings against the judgment and decree, dated 03.03.2020, in AS No.33 of 2019 on the file of the learned V Additional District Judge, Allagadda. The suit was filed for partition. The suit was decreed in respect of 1, 2 and 3 of the plaint schedule properties. Item No.4 is concerned, the suit is dismissed. The appellate Court allowed the appeal and dismissed the suit. Since suit itself was dismissed, question of granting stay does not arise. Hence, I.A. No.1 of 2020 is dismissed.

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