Nallam Suresh vs Kallu Babu Sharef
2022 Latest Caselaw 7786 AP

                   HIGH COURT OF ANDHRA PRADESH

     MAIN CASE No.: S.A.No.95 of 2018

                            PROCEEDING SHEET

S.
No     DATE                           ORDER

5.   12.10.2022 Dr.VRKS,J

                  This appeal has been coming for hearing at
                the stage of admission. Learned counsel for
                appellant submitted arguments.
                  Perused the record.
                  Judgment     of   the       trial   Court   granted
                declaration of title and recovery of possession in
                favour of the plaintiffs.        Major plea of the
                defendant was about perfecting title by adverse
                possession.    Specific       issue      on   adverse
                possession was there before the trial Court. The
                trial Judge dis-belived the adverse possession in
                the first appeal filed by the defendant. Learned
                First Appellate Court accepted the contentions
                and found that, the appellant before it perfected
                his title by adverse possession and the suit was
                barred by limitation.
                   It is as against that, plaintiffs in the suit
                have come up in this Appeal.
                   On   considering     the     entire   material   on
                record, the substantial question of law that
                arise in the second appeal is:
      Whether Respondent No.1/defendant having

pleaded to have obtained an agreement for sale from the husband of the appellant was entitled to have the title prescribed by adverse possession?

Appeal is admitted. Issue Notice to respondents.

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

List the matter after eight (8) weeks.

___________ Dr.VRKS,J KLNS