Joga Mutyam vs Nalla Ammaji
2022 Latest Caselaw 7673 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.168 of 2022
                                    PROCEEDING SHEET
Sl.      Date                                   ORDER                                    OFFIC
No.                                                                                        E
                                                                                         NOTE

      11.10.2022
                   SRS,J
                                        S.A.No.168 of 2022
                         Some of the defendants filed the present second
                   appeal     against   the     judgment       and     decree,   dated
                   23.11.2020 passed in A.S.No.139 of 2011 on the file of
                   the   VI    Additional     District    Judge,      Visakhapatnam,
                   confirming the judgment and decree, dated 12.07.2011
                   passed in O.S.No.53 of 2004 on the file of the Principal
                   Senior Civil Judge, Visakhapatnam.

                         The suit in O.S.No.53 of 2004 was filed by the
                   plaintiffs for partition of the plaint schedule property into
                   13 equal shares and for allotment of one such share to
                   the plaintiffs and for future profits.

                         The trial Court decreed the suit with costs.
                   Aggrieved by the same, defendants preferred A.S.No.139
                   of 2011 and the same was dismissed on 23.11.2020
                   confirming the judgment and decree in O.S.No.53 of
                   2004. Therefore, the present Second Appeal is filed by
                   the defendants.

                         Heard.
                         ADMIT.

                         The following substantial questions of law arise for
                   consideration.

                         1) Whether the judgments and decrees of the
                              Courts below are vitiated in not considering the
                              admissions      made       by   P.W.1    regarding   the
                              relationship of his mother with late Joga
                              Pydayya in a proper perspective?
       2) Whether the findings recorded by the Courts
         below   regarding    joint   possession   of     the
         plaintiffs are contrary to the evidence of P.W.1
         on record?

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

      There shall be stay of passing of final decree alone
and other proceedings shall go on pursuant to the decree
and judgment in A.S.No.139 of 2011 on the file of IV
Additional District Judge, Visakhapatnam.

      Issue notice to the respondents.

Learned counsel for the petitioners is permitted to take out personal notice to the respondents by registered post with acknowledgment due and file proof of service in the Registry.

______ SRS,J KA