T.Venkata Ramana vs T.Kamalamma
2022 Latest Caselaw 5831 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                        MAIN CASE NO.: S.A.No.369 of 2022
                                  PROCEEDING SHEET
Sl.     Date                                 ORDER                              OFFICE
No.                                                                              NOTE

01.   30.08.2022   SRS,J
                                         S.A.No.369 of 2022
                         Plaintiffs filed the present second appeal
                   against    the       judgment   and    decree,       dated
                   21.06.2022 passed in A.S.No.7 of 2018 on the file
                   of   learned     Judge,    Principal   district   Judge,
                   Kurnool, reversing the judgment and decree, dated
                   02.11.2017 passed in O.S.No.289 of 2011 on the
                   file of learned Principal Junior Civil Judge,
                   Kurnool.

                         Plaintiff filed O.S.No.289 of 2011 seeking
                   partition of plaint schedule property into seven
                   equal shares allotting 1/7th share to the plaintiff,
                   appointing       a   Commissioner      to   divide     the
                   properties and allot 1/7th share to the plaintiff by
                   passing a final decree directing the defendants to
                   deliver possession of the same and Rs.5,000/-
                   towards past mesne profits for two years with
                   future interest at 12% per annum from the date of
                   suit till payment.

                         The trial Court decreed the suit with costs.
                   Preliminary decree was passed that the suit
                   schedule property be divided into seven equal
                   shares and allot 1/7th share to the plaintiff within
                   three months from the date of judgment, failing
                   which plaintiff is at liberty to get the relief by
                   following due process of law, and also held that
                   plaintiff is entitled for past mesne profits from the
                   date of suit till the date of realization with mesne
                   profits from the date of suit till the date of
 realization with interest at 12% per annum.

      Aggrieved by the judgment of the trial
Court, respondents/defendants preferred A.S.No.7

of 2018 and the same was allowed setting aside the judgment of the trial Court. Against the judgment of lower appellate Court, plaintiff filed the present second appeal.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether a party in whose favour the suit is decreed, is required to file cross-appeal assailing adverse findings?

2. Whether the judgment of lower appellate Court is liable to be set aside for not considering the contentions of the appellant regarding validity of Ex.B2/Will on the ground that the finding with regard to Ex.B2/Will was not questioned before the appellate Court, in fact, submissions were made by relying upon relevant citations?

3. Whether statement in an unregistered and undisputed Will, that the testator had given some property to one of the legal heirs is a statement within the ambit of Section 32 of the Indian Evidence Act?

4. Whether the evidence adduced by a party can be ignored on the ground that the witness is a stranger to the property?

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I.A.No.1 of 2019

Post on 05.09.2022.

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