The Following Are Substantial ... vs Unknown
2022 Latest Caselaw 5787 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                         MAIN CASE NO.: S.A.No.611 of 2021

                                  PROCEEDING SHEET
Sl.      Date                                 ORDER                                  OFFICE
No.                                                                                   NOTE

10    29.08.2022   SRS,J

                         Defendant in suit O.S.No.21 of 2008, on the file of
                   the Court of the III Additional Junior Civil Judge, Kadapa,
                   filed the above Second Appeal.

                         The respondent Nos.1 and 2 herein, filed the suit

for partition and also for cancellation of gift deed. By judgment and decree dated 1.04.2010, the suit was decreed and preliminary decree was passed. Gift deed was cancelled to an extent of 2/3rd share. Aggrieved by the same, the defendant No.1 filed appeal in A.S. No.51 of 2011 on the file of the Court of the First Additional District Judge, Kadapa. Appellate Court by judgment and decree dated 21.01.2013, dismissed the appeal.

Heard.

Admit.

The following are substantial questions of law arises for consideration.

a) Whether the suit for partial partition of joint family properties is maintainable?

b) Whether the findings of the Courts below are vitiated in coming to the conclusion that the suit schedule property is joint property, but not joint family property in the light of the pleading of R1 and R2?

c) Whether the judgments of Courts below are vitiated in not considering the ouster plea raised by the appellant?

______ SRS,J I.A. No.2 of 2013 (S.A.M.P. No.34912 of 2013)

Registry is directed to put up I.A. No.2 of 2013 (S.A.M.P. No.34912 of 2013).

List the matter on 05.09.2022.

______ SRS,J ASH