Amudam Yogi Reddy vs Boddu Venkata Reddy
2022 Latest Caselaw 261 AP

           HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE No.: S.A.No.20 of 2022
                             PROCEEDING SHEET
Sl.      Date                            ORDER                                  OFFICE
No.                                                                              NOTE
                   MVR,J
1.    20.01.2022                                                           Transferred
                                 S.A.No.20 of 2022
                                                                              to I/o
                                                                              folder
                                                                              before
                         Heard     Sri    M.R.S       Srinivas,    learned
                                                                            correction
                   counsel for the appellant.

                         Considering the findings recorded in the
                   judgments of the trial court as well as the
                   appellate court and submissions of learned
                   counsel for the appellants, since the following
                   substantial   questions       of    law    arise       for
                   determination in this second appeal, ADMIT.

                    1. Whether    the    lower    Appellate       Court    is
                       justified in reversing judgment and decree
                       of the trial Court, when it is settled law in
                       respect of immovable property that time is
                       not the essence of the contract as per the
                       larger Bench judgment of the Hon'ble
                       Supreme Court in Sudharani's case ?

                    2. Whether    the    lower    Appellate       Court    is
                       justified in reversing judgment and decree
                       of the trial Court, when the entire sale
                       consideration was paid and possession
                       was delivered and when there is no
                       obligation to be performed by the appellant
                       the question of non-suing the appellant on
                       the ground of limitation doesn't arise and
                       the appellant is entitled for a decree of
                       specific performance under Sections 13, 16,
                       20 and 22 of the Specific Relief Act ?

                    3. Whether the relief claimed in the suit is
                       covered by the part-I of Article 54 of the
                       Limitation Act or by part-II of the Article 54
                       of the Limitation Act ?
       Notice to respondent.

List during 2nd week of March, 2022.

_______ MVR,J I.A.No.1 of 2022 Notice.

_______ MVR,J EPS