Mullapudi Subba Rao vs Mullapudi Amaravathi
2022 Latest Caselaw 9720 AP

               HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

      MAIN CASE No.: S.A.No.1358 of 2017

                                 PROCEEDING SHEET

Sl.                                                                                OFFICE
No      DATE                               ORDER                                    NOTE


13    16.12.2022

Dr.VRKS,J

Learned counsel on both sides are in

attendance.

On hearing the learned counsels and on

perusal of the record, the following substantial

questions of law are framed, on which and the

Second Appeal stands admitted.

(a) Whether a third party to the proceedings is precluded from filing an application under Order 21 Rule 99 and 101 when his properties are sought to be taken delivery in pursuance of the decree for to which he is not a party?

(b) Whether the Courts below erred holding that application under Order 21 Rule 99 to 101 is not maintainable merely because the applicant is aware of the suit proceedings to which is not a party on the ground that he failed to get himself impleaded during the pendency of the suit?

(c) Whether the entries in the Revenue Records are not sufficient to hold that a particular property belongs to the petitioner when the said property was admittedly got under a partition between the coparceners of a joint family?

Learned counsel on both sides submitted

extensive arguments on the substantial questions of

law that are framed about. Legal authorities cited.

Judgment Reserved.

__________ Dr.VRKS,J GRL