B.Saraswathamma vs B.Nagaraja Reddy
2022 Latest Caselaw 9516 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                           MAIN CASE : S.A.No.542 of 2022

                                    PROCEEDING SHEET


Sl.      Date                                     ORDER                                  OFFICE
No.                                                                                       NOTE

      09.12.2022
                   SRS,J
                                         S.A.No.542 of 2022

                         Plaintiff in O.S.No.29 of 2004 filed the present
                   second appeal against the judgment and decree dated
                   01.08.2022 in A.S.No.35 of 2014 on the file of the II
                   Additional      District   Judge,        Chittoor    District    at
                   Madanapalle, confirming the judgment and decree dated
                   28.02.2008 in O.S.No.29 of 2004 on the file of the
                   Principal    Junior    Civil    Judge,    Chittoor    District   at
                   Madanapalle.

                         O.S.No.29 of 2004 is filed for division of the plaint
                   schedule property; into three equal shares by taking into
                   account of good and bad qualities and for allotment of
                   1/3rd share to the plaintiff after division by metes and
                   bounds through process of court by passing a preliminary
                   and final decree and for costs.

                         The trial Court dismissed the suit with costs.
                   Aggrieved by the same, plaintiff preferred appeal A.S.No.35
                   of 2014 and the same was dismissed on 01.08.2022.
                   Hence, the present Second Appeal is filed by the plaintiff.

                         Heard.
                         ADMIT.

                         The following substantial questions of law arise for
                   consideration.

                         1) Whether judgments of the Courts below are
                               vitiated in ignoring to consider the deposition of
           DW.1    that   the   joint   family    properties   are
          managed by Gopal Reddy till his death i.e. till
          1989?

       2) Whether the judgments of the Courts below are
          vitiated in not properly considering Ex.B-1 Will
          in ignoring discrepancy?

       3) Whether the Courts below failed to consider the
          ratio laid down in Vineeta Sharma vs. Rakesh
          Sharma and Ors. (AIR 2020 SC 3717)?

                                                         ______
                                                          SRS,J

                     I.A.No.1 of 2022

       Issue notice to the respondents.

learned counsel for the petitioner is permitted to take out personal notice to the respondents by registered post with acknowledgment due and file proof of service in the Registry.

List on 02.01.2023.

______ SRS,J KA