Civil Judge vs Unknown
2022 Latest Caselaw 9928 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                          MAIN CASE: S.A.No.397 of 2022
                                PROCEEDING SHEET

Sl.                                                                                    OFFICE
No.
         Date                                  ORDER                                    NOTE

05    26.12.2022    SRS,J
                                      S.A.No.397 of 2022

                          Defendant in the suit filed the above second
                    appeal against the judgment and decree dated
                    19.07.2022 in A.S.No.34 of 2016 on the file of
                    Senior Civil Judge, Punganur confirming the
                    judgment     and       decree    dated        18.10.2016      in
                    O.S.No.82 of 2003 on the file of Principal Junior
                    Civil Judge, Punganur.
                          Plaintiff    filed   the       suit    seeking   specific
                    performance directing the defendant to execute a
                    registered sale deed in favour of plaintiff by
                    receiving    Rs.6,500/-         as     per     re-conveyance
                    agreement.     Trial    Court    decreed        the    suit   by
                    judgment dated 18.10.2016. Aggrieved by the
                    same, defendant preferred A.S.No.34 of 2016 and
                    the same was dismissed confirming the judgment
                    and decree in O.S.No.82 of 2003. Assailing the
                    same, the above second appeal is filed.

                          Heard.

                          ADMIT.

                          The following substantial questions of law
                    arise for consideration:
                       1) Whether the alleged admissions made
                          by D.W.1 in his cross examination
                          admitting his signature on Ex.A-1,
                         2


        entitles the plaintiff to get the suit
        decreed?
      2) Whether   judgments     of   the    Courts
        below are vitiated in not recording any
        finding    regarding     readiness     and
        willingness on the part of plaintiff qua
        Ex.A-1?

                                              __________
                                                SRS,J

                   I.A.No.2 of 2022

        There shall be stay of execution of decree in
O.S.No.82 of 2003 on the file of Principal Junior
Civil Judge, Punganur, as confirmed in A.S.No.34
of 2016 on the file of Senior Civil Judge, Punganur
until further orders.
        Notice.
        Learned counsel for appellant is permitted
to take out personal notice to respondent by RPAD

due and file proof of service.

List on 20.01.2023.

__________ SRS,J PVD