Citation : 2022 Latest Caselaw 8858 AP
Judgement Date : 18 November, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE : S.A.No.405 of 2022
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
5. 18.11.2022
SRS,J
S.A.No.405 of 2022
Defendant No.2 in O.S.No.133 of 2010 filed the
present second appeal against the judgment and
decree, dated 05.07.2022 passed in A.S.No.15 of 2018
on the file of learned III Additional District Judge,
Rajampet reversing the decree and judgment, dated
27.12.2017 passed in O.S.No.133 of 2010 on the file of
learned Principal Senior Civil Judge, Rajampet.
Plaintiff filed O.S.No.133 of 2010 initially against
defendant os.1 and 2 for declaration of his title over the
suit schedule property and for consequential relief of
permanent injunction and for costs thereof.
The trial Court by common judgment passed in
O.S.Nos.133 and 134 of 2010, dismissed O.S.No.133 of
2010. Aggrieved by the same, plaintiff filed A.S.No.15 of
2018 and the same was allowed setting aside the
decree of the trial Court in O.S.No.133 of 2010, against
which the present second appeal is filed by defendant
No.2.
Heard.
Admit.
The following substantial questions of law arise
for consideration.
1.
Whether the judgments of the Courts below are vitiated in not considering the Register of Holding, which stands in the name of grandfather of the appellant's vendor?
2. Whether judgments of the Courts below are vitiated in not considering the principle that vendor cannot convey better title than what he has, to the vendee?
3. Whether the judgment of the lower appellate Court is vitiated in not receiving document filed under Order XLI Rule 27, C.P.C.?
______ SRS,J
I.A.No.1 of 2022
Post on 02.11.2022.
______ SRS,J ikn
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