Makani Naga Rathamma vs The Bapatla Cooperative Bank Ltd
2022 Latest Caselaw 8934 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.480 of 2022
                                   PROCEEDING SHEET
Sl.      Date                                 ORDER                               OFFICE
No.                                                                                NOTE

12.   18.11.2022
                   SRS,J
                                        I.A.No.1 of 2022
                         This petition is filed to condone the delay of
                   five days in filing the present appeal.

                         In pursuance of order, dated 11.11.2022,
                   learned counsel for the petitioner has taken out
                   personal notice on the respondents.

to 8 are served; Respondent Nos.4 and 5 died pending the appeal. Against respondent No.2, it was returned with an endorsement "presently no such sales officer in Co-operative Bank"

Hence, all the respondents are served with notices.

Heard Smt. G.Jyothi Eswar, learned counsel and Sri K.H.V.Siva Kumar, learned counsel.

For the reasons mentioned in the affidavit, the delay of 5 days in filing the second appeal is condoned

_________ SRS,J

S.A.No.480 of 2022 Plaintiff in the suit filed the present second appeal against the judgment and decree, dated 13.06.2022 passed in A.S.No.167 of 2017 on the file of learned Principal District Judge, Guntur reversing the judgment and decree, dated 28.08.2017 in O.S.No.151 of 2008 on the file of learned Senior Civil Judge, Bapatla.

Plaintiff filed O.S.No.151 of 2008 to declare the transfer of suit schedule property made by the plaintiff in favour of defendant No.1 by way of mortgage as null and void and nonest in the eye of law and to declare the Award and further proceedings of defendant No.2 in CPE 133/03-04 and the participation of defendant No.4 in the auction held on 05.11.2008 and further proceedings of defendant No.3 and taking delivery fo possession of the suit schedule property by defendant Nos.5 to 8 as null and void and nonest in the eye of law and for recovery of possession of the suit schedule property and also for consequential relief of permanent injunction.

Trial Court by judgment, dated 28.08.2017, dismissed the suit. Aggrieved by the same, plaintiff preferred A.S.No.167 of 2017 and the same was allowed in part by setting aside the findings of the trial Court on issue No.3 with regard to the requirement of prior notice before filing of suit while confirming the findings on issue Nos.1, 2, 4 and 5.

Aggrieved by the judgment of the lower appellate Court, the present second appeal is filed by the plaintiff.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the findings of the Courts below are vitiated in coming to the conclusion that suit is not maintainable under Section 121(1) of the Andhra Pradesh Co- operative Societies Act?

2. Whether the judgments of the Courts below are vitiated in recording findings on merits when suit, according to the Courts below is not maintainable under Section 121(1) of the Andhra Pradesh Co-operative Societies Act?

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

Heard.

Learned counsel for the petitioner would submit that the petitioner deposited an amount of Rs.2,03,902/- to the credit of O.S.No. 151 of 2008 on the file of learned Senior Civil Judge, Bapatla.

In view of the facts of the case and the fact that petitioner has deposited amount, there shall be stay of all further proceedings in C.P.E.No.133/03-04 including the auction proceedings, dated 05.11.2011 by respondent No.2, pending the disposal of the appeal.

Post on 20.12.2022, for filing counter and vacate stay petition, if any.

______ SRS,J ikn