Mullangi Surendranath vs Mullangi Prasad
2022 Latest Caselaw 8864 AP

                    HIGH COURT OF ANDHRA PRADESH

      MAIN CASE No.: Second Appeal No.831 of 2018

                             PROCEEDING SHEET

S.
No      DATE                             ORDER

03.   18.11.2022 Dr.VRKS,J

                   Learned      counsel       for        appellant       is    in
                 attendance and submitted arguments at the
                 stage of hearing for admission.
                   Considering     the     submissions            made        and
                 considering the material available on record, the
                 following substantial questions of law do fall for
                 consideration:
                    1. Whether     the     point         for    consideration
                       framed     by    the      first    Appellate        Court
                       violated Order XL1 Rule 31 C.P.C. and
                       therefore against law?

                    2. In the context of devolution of liability, for
                       children to discharge the debt of the
                       deceased        father,      if    the     debt        was
                       discharged earlier to the partition among
                       children what is its effect and if the debt
                       was    discharged          subsequent          to      the
                       partition what is its effect to decide the
                       aspects of contribution?


                    3. Considering the principle of contribution
                       in the case of mortgage how far the
          Courts below were right in considering
         the concepts of subrogation and pious
         obligation?

   4. Whether          Courts    below    are   right   in
         granting personal decree?
  On the above points the Second Appeal is
admitted.
  Appellant is permitted to take out personal
notices to respondent and file proof of service in

the Registry.

I.A.No.01 of 2018 and S.A.No.831 of 2018

Learned counsel for petitioner is in attendance.

This application is to stay execution of Judgment and Decree in O.S.162/2012.

Having heard the learned counsel and having perused the record, on depositing of 1/3rd of decretal amount along with costs, the execution shall stand stayed till further orders. The deposit shall be made within six (6) weeks from the date of this Order. Learned counsel for petitioner shall take out personal notice to respondent and file proof of service in the Registry.

List the matter after eight (8) weeks.

____________ Dr.VRKS, J

KLNS