Unknown vs 30.08.2022 Srs
2022 Latest Caselaw 5837 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE NO.: S.A.No.367 of 2022
                                    PROCEEDING SHEET
Sl.     Date                                     ORDER                               OFFICE
No.                                                                                   NOTE

01.   30.08.2022   SRS,J
                                           S.A.No.367 of 2022
                         Plaintiffs filed the present second appeal against the
                   judgment and decree, dated 18.04.2015 passed in A.S.No.18
                   of 2015 on the file of learned Judge, Family Court -cum- VI
                   Additional District & Sessions judge, Kadapa, confirming the
                   judgment     and    decree,   dated   16.09.2014   passed    in
                   O.S.No.567 of 2009 on the file of learned IV Additional Junior
                   Civil Judge, Kadapa.

                         The appellants being plaintiffs filed O.S.No.567 of 2009
                   against the defendants initially for specific performance of
                   agreement of sale, dated 05.02.1997 and for grant of
                   permanent injunction restraining the defendants and their
                   men from interfering with the possession of the plaintiffs over
                   the suit schedule property. Subsequently, as per orders,
                   dated 25.09.2019 passed in I.A.No.312 of 2010, the plaint
                   was amended by incorporating the relief of cancellation of
                   registered sale deed, dated 28.10.2009 said to have been
                   executed by defendant Nos.1 to 5 in favour of defendant No.4
                   as null and void.

                         The trial Court dismissed the suit by judgment, dated
                   16.09.2014. Aggrieved by the same, appellants/plaintiffs
                   preferred A.S.No.18 of 2015 and the same was dismissed by
                   judgment and decree, dated 18.04.2022 against which, the
                   present second appeal is filed.

                         Heard.

                         Admit.

                         The following substantial questions of law arises for
                   consideration.

                              1. Whether the Courts below are justified in
                                dismissing the suit when there was abundant
                                evidence in proof of execution of Ex.A1, which is
                                only an improper appreciation of evidence under
              Section 3 of the Indian Evidence Act?

          2. Whether the Courts below are justified in
             allowing defendant No.1 to file additional written
             statement      on   material    pleading   though   he
             adopted the writ statement of defendant No.4
             initially?

          3. Whether the Courts below are justified in
             dismissing the suit though defendant No.1 who
             was invested with the special knowledge on his
             thumb impression which was used in Ex.A1, did
             not come forward though the burden is on him
             as per Section 106 of the Indian Evidence Act?

                                                            ______
                                                             SRS,J

                          I.A.No.1 of 2019

      Issue notice to the respondents.

Learned counsel for the petitioners is permitted to take out personal notice on the respondents through RPAD and file proof of service by 27.09.2022.

Post on 27.09.2022.

______ SRS,J ikn