Vakamulla Annapurnamma vs Venkamulla Lakshumamma
2022 Latest Caselaw 9577 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

MAIN CASE : S.A.No.543 of 2022

PROCEEDING SHEET

Sl. Date ORDER OFFICE No. NOTE

3. 02.12.2022 SRS,J I.A.No.1 of 2022

Dispensed with for the time being.

______ SRS,J S.A.No.543 of 2022

Defendants in O.S.No.73 of 2008 filed the present second appeal against the judgment and decree dated 02.08.2022 in A.S.No.63 of 2017 on the file of the I Additional District Judge, Srikakulam, reversing the judgment and decree dated 14.09.2017 in O.S.No.73 of 2008 on the file of the Senior Civil Judge at Rajam.

O.S.No.73 of 2008 is filed to pass preliminary decree in favour of the plaintiffs for partition of the plaint schedule properties into five equal shares and allot four shares each to the plaintiff and eject the defendants there from schedule property and to award subsequent profits from the date of the suit till delivery of plaint schedule properties and for costs of the suit.

The trial Court decreed the suit and preliminary decree was passed. Aggrieved by the same, defendants preferred appeal A.S.No.63 of 2017 and the same was dismissed. Hence, the present Second Appeal is filed by the defendants.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the interpretation placed by the lower appellate Court regarding amendment of the provisions of Section 6 of the Hindu Succession Act is sustainable?

2) Whether the interpretation of the lower appellate Court regarding the judgment in Vineeth Sharma vs. Rakesh Sharma (2020 (9) SCC 1) is sustainable?

3) Whether the findings of the Courts below regarding the claim of the plaintiffs is contrary to the evidence on record?

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KA