Byneedu Srinivasa Rao, vs Byneedu Venkateswara Rao,
2022 Latest Caselaw 9445 AP

                       HIGH COURT OF ANDHRA PRADESH

      MAIN CASE No.: Second Appeal No.424 of 2012


                                  PROCEEDING SHEET

S.
No      DATE                                ORDER


18.   7.12.2022   Dr.VRKS,J

                         Learned counsel for the appellant submits
                  that he filed memo consisting of additional
                  substantial questions of law and submits that
                  apart from the grounds of substantial questions
                  of law that were urged and framed, these
                  additional       substantial questions of law may
                  also be considered.
                          Learned counsel for respondents agrees

for considering these substantial questions of law. Therefore, the following additional substantial questions of law are framed:-

1. Whether the First Appellate Court committed an error in passing decree of declaration of title in favour of plaintiff in the absence of mandatory requirements of Exhibit A1, as per Section 63 of Indian Succession Act, 1956 r/w.Sec.68 of Indian Evidence act, 1872?

2. Whether the plaintiff is entitled in decree of declaration of the title without discharging his initial burden under section 34 of the Specific Relief Act, 1963 r/w.Section 101 & 102 of Indian Evidence Act, 1872?

3. Whether the plaintiff failed to prove the intention of the testatrix and due to execution of exhibit A1 by removing suspicious circumstances, and is so, the plaintiff will be non-suited?

4. Whether lower Appellate Court committed an error in passing decree and judgment in favour of plaintiff, without considering the mandatory requirements of proof of due execution of will, as being final count of fact under Order XL1 Rule 33 r/w.section 96 of Code of Civil Procedure, 1908 and findings/observations are illegal, and perverse and contrary to law?

List the matter on 13.12.2022 at 2.15 P.M. for hearing under the caption 'Part Heard'.

____________ Dr.VRKS, J

KLNS