Pitta Gajalakshmi, vs Tammineni Lakshmi,
2022 Latest Caselaw 8668 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.47 of 2022
                                  PROCEEDING SHEET
Sl.      Date                               ORDER                               OFFICE
No.                                                                              NOTE

6.    11.11.2022
                   SRS,J
                                       I.A.No.1 of 2022
                         This petition is filed to condone the delay of 14
                   days in filing the second appeal.

                         Heard.

                         For the reasons stated in para No.3 of the
                   affidavit filed in support of the petition, this petition
                   is ordered and the delay of 14 days stands condoned.

                                                                       ______
                                                                       SRS,J

                                      S.A.No.47 of 2022
                         Plaintiffs in the suit filed the present second
                   appeal   against   the   judgment   and   decree,   dated
                   25.06.2019 passed in A.S.No.37 of 2018 on the file of
                   learned Principal District Judge, Srikakulam reversing
                   the judgment and decree, dated 08.12.2017 passed in
                   O.S.No.12 of 2016 on the file of learned Additional
                   Senior Civil Judge, Srikakulam.

                         Plaintiff filed O.S.No.12 of 2016 for recovery of
                   an amount of Rs.4,00,000/- from the defendant being
                   the sale consideration under an unregistered sale deed,
                   dated 21.02.2013.

                         The trial Court decreed the suit with costs
                   directing the defendant to pay the plaintiff the suit
                   amount of Rs.4,00,000/- together with subsequent
                   interest at 12% per annum from the date of suit till the
 date   of     realization    on   the   principal    amount     of
Rs.4,00,000/-. Aggrieved by the same, defendant
preferred appeal and the same allowed setting aside the
judgment of the trial Court. Against the judgment of
the appellate Court, the present second appeal is filed.

       Heard.

       Admit.

       The following substantial questions of law arise
for consideration.

            1. Whether the judgment of the appellate
                Court is vitiated in ignoring to consider
                Ex.A1       on    the   ground      that   it   is
                unregistered sale deed, notwithstanding
                that the document was marked without
                any objection?

            2. Whether the judgment of the appellate
                Court is vitiated in not appreciating the
                evidence on record in proper perspective?

                                                           ______
                                                           SRS,J

                        I.A.No.4 of 2022

       Issue notice to the respondent.

Learned counsel for the petitioner is permitted to take out personal notice on the respondent by registered post with acknowledgment due and file proof of service.

Post on 02.12.2022.

______ SRS,J ikn