Ballamudi Rama Mohana Rao vs Cherukuri Rajeswari
2022 Latest Caselaw 8854 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                          MAIN CASE: S.A.No.470 of 2022
                                  PROCEEDING SHEET

Sl.                                                                             OFFICE
No.
         Date                                ORDER                               NOTE

03    11.11.2022    SRS,J
                                         I.A.No.1 of 2022

                          This petition is filed to condone the delay of
                    206 days in representing the second appeal.
                          For the reasons stated in the Paragraph-2 of
                    the affidavit, the delay of 206 days in representing
                    the second appeal is condoned.
                          Accordingly, this petition is ordered.


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                                                                     SRS,J
                                         I.A.No.2 of 2022

                          Dispensed with for the present.

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                                                                     SRS,J

                                     S.A.No.470 of 2022

                          Defendants 1 to 3 in the suit filed the above
                    second appeal against the judgment and decree
                    dated 21.04.2020 in A.S.No.79 of 2013 on the file
                    of XV Additional District Judge, Krishna at Nuzvid
                    confirming     the     judgment   and    decree    dated
                    18.06.2013 in O.S.No.148 of 2005 on the file of
                    Senior Civil Judge, Nuzvid.
                          Plaintiff filed the suit seeking declaration
                    that she is the absolute owner of plaint schedule
                    property and for consequential for permanent
                    injunction.    Trial   Court   decreed   the    suit   by
                        2


judgment dated 18.06.2003. Aggrieved by the
same, defendants 1 to 3 preferred A.S.No.79 of
2013 and the same was dismissed confirming the
judgment and decree in O.S.No.148 of 2005
against which the above second appeal is filed.

        Heard.
        ADMIT.
        The following substantial questions of law
arise for consideration:
      1) Whether    judgments    of    the     Courts
        below are vitiated in not appreciating
        the oral evidence of D.Ws.2, 3 and 5 to
        prove the execution of Ex.B-1?
      2) Whether    judgment     of    the        lower
        appellate   Court   is   vitiated    in    not
        framing      necessary        points        for
        consideration as per Order XLI Rule 31
        of CPC?
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                                                    SRS,J

                    I.A.No.3 of 2022

        Notice to the respondent No.1.

Learned counsel for appellants is permitted to take out personal notice to respondent No.1 by RPAD due and file proof of service.

List on 16.12.2022.

__________ SRS,J PVD