Lakkamraju Bangaru Raju vs Kakarlapudi Venkata Narasamma
2022 Latest Caselaw 8929 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE : S.A.No.510 of 2022
                             PROCEEDING SHEET

Sl.      Date                                  ORDER                                OFFICE
No.                                                                                  NOTE

      10.11.2022
                   SRS,J
                                          I.A.No.1 of 2022

                            This application is filed to condone the delay of
                   144 days in representing the above second appeal.
                            For the reasons mentioned in Para 3 of the
                   affidavit, the delay of 144 days in representing the
                   second appeal is condoned.
                            Accordingly, the petition is ordered.
                                                                        ________
                                                                         SRS,J
                                         S.A.No.510 of 2022

                            Plaintiff in O.S.No.395 of 2014 being the appellant
                   filed the present second appeal against the judgment and
                   decree dated 22.10.2021 in Cross Appeal in A.S.No.67 of
                   2016 (vide CFR No.2768/2016, dated 23.08.2016) on the
                   file of the XIII Additional District Judge, Narasaraopet,
                   confirming the judgment and decree dated 09.02.2016 in
                   O.S.No.395 of 2014 on the file of the Principal Senior Civil
                   Judge, Narasaraopet.

                            O.S.No.395 of 2014 is filed for cancellation of the
                   Gift Deed document No.1191/2008, dated 25.03.2008 of
                   Sub Registrar Office, Chilakaluripet as the same is vitiated
                   by fraud, misrepresentation and undue influence and for
                   costs.

                            The trial Court decreed the suit partly. Aggrieved by
                   the same, plaintiff preferred appeal A.S.No.6;7 of 2016 and
                   the defendants preferred Cross Appeal in A.S.No.67 of
                   2016 and Appeal filed by the plaintiff was dismissed and
                   the Cross Appeal filed by the defendants is allowed on
                   22.10.2022. Hence, the present Second Appeal is filed by
                   the plaintiff.
       Heard.
      ADMIT.

      The following substantial questions of law arise for
consideration.

      1) Whether the judgment of the lower appellate
         Court is vitiated in granting lesser relief by
         molding the relief of cancellation into one for
         partition ?

      2) Whether the Gift Deed executed by the 2nd
         defendant in favour of the 1st defendant is valid
         to the extent of her share? If so, the judgment
         and decree of the lower appellate Court is
         vitiated?

      3) Whether the judgment and decree of the lower
         appellate Court is vitiated in not framing a point
         for consideration under Order 41 Rule 31 of
         CPC?

                                                     ______
                                                      SRS,J
                       I.A.No.2 of 2022
      Heard.
      In the facts and circumstances of the case, the 1 st
respondent and her agents are restrained from alienating

1/3rd portion of the suit schedule property or from creating any third party interest, pending the appeal.

_________ SRS,J KA