J.Eswaramma vs Lalithamma
2022 Latest Caselaw 8931 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.507 of 2022 PROCEEDING SHEET

Sl. Date ORDER OFFICE No. NOTE

22.11.2022 SRS,J

S.A.No.507 of 2022

Defendants 3 to 5 in O.S.No.81 of 2009 being the appellants filed the present second appeal against the judgment and decree dated 12.07.2022 in A.S.No.30 of 2019 on the file of the VI Additional District Judge, Ananthapuram at Gooty, confirming the judgment and decree dated 04.07.2019 in O.S.No.81 of 2009 on the file of the Senior Civil Judge, Gooty.

O.S.No.81 of 2009 is filed for declaration of absolute rights over the suit schedule properties as against the defendants 3 to 5 and to deliver possession of the said property from the custody of the 3rd defendant in their favour and in favour of the 2nd defendant and for such other reliefs.

The trial Court decreed the suit. Aggrieved by the same, defendants 3 to 5 preferred A.S.No.30 of 2019 and the same was dismissed on 12.07.2022. Hence, the present Second Appeal is filed by the defendants 3 to 5.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the Courts below were right in drawing a presumption that the suit schedule properties were coparcenery properties without there being any evidence to that effect?

2) Whether the 6th defendant in the suit has got absolute rights over the suit schedule properties in view of Will Deed executed in her favour?

3) Whether the findings of the Courts below that the plaintiffs and defendants 2 and 6 would get right over the suit schedule properties as per Section 6 of Hindu Succession Act are contrary to the evidence on record and hence, are liable to be set aside?

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

List on 09.12.2022.

_________ SRS,J KA