Maturi Koteswara Rao vs Maturi Prasada Rao
2022 Latest Caselaw 1066 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                      MAIN CASE NO.: S.A.No.586 of 2021
                                 PROCEEDING SHEET

Sl.                                                                            OFFICE
        Date                                 ORDER
No.                                                                             NOTE

04    25.02.2022   SRS,J

                            Heard Sri K.Sarva Bhouma Rao, learned
                   counsel for appellant.
                            The appellant/plaintiff filed O.S.No.75 of
                   2011 for specific performance of possessory
                   agreement of sale in respect of plaint schedule
                   property or in alternative for refund of an
                   amount of Rs.15,000/-.          Vide judgment dated
                   22.03.2018          learned   Junior      Civil   Judge,
                   Bantumilli, dismissed the suit. Aggrieved by the
                   same, plaintiff filed A.S.No.206 of 2018 on the
                   file     of    IX     Additional     District     Judge,
                   Machilipatnam, Krishna District and the first
                   appellate Court vide judgment dated 15.06.2020,
                   dismissed the appeal. Hence the second appeal.
                            ADMIT.
                            The following substantial questions of law
                   arise for consideration in this second appeal:
                          (1) When all the Courts in the State have
                            been closed denying entry to the public
                            and advocates due to the impact of Covid-
                            19 particularly, when its first wave was on
                            a rampage, can the appellate Court below
                            render     the   judgment     stigmatizing   the
                            appellant's counsel for 'being absent' and
                            treating the appeal to have been heard
                            without actual hearing?

                            Notice to respondent.

Learned counsel for appellant is permitted to take out personal notice to respondent by RPAD and file proof of service.

List the matter on 11.03.2022.

___________ SRS, J PVD/IKN