Lankapotu Veera Reddy vs Kamma Lingaiah
2022 Latest Caselaw 7884 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.415 of 2022
                                    PROCEEDING SHEET
Sl.      Date                                  ORDER                           OFFICE
No.                                                                             NOTE

3.    17.10.2022
                   SRS,J
                                       S.A.No.415 of 2022
                          Defendants filed the present second appeal
                   against the judgment and decree, dated 23.06.2022
                   passed in A.S.No.12 of 2017 on the file of learned
                   Senior   Civil     Judge,   Kandukuru    confirming   the
                   judgment and decree, dated 27.03.2017 passed in
                   O.S.No.208 of 2008 on the file of learned Principal
                   Junior civil Judge, Kandukur.

                          The respondent/plaintiff filed O.S.No.208 of

2008 for partition and delivery of separate possession of the plaint schedule property by metes and bounds.

The trial Court decreed the suit with costs and preliminary decree was passed. Aggrieved by the same, defendants preferred A.S.No.12 of 2017 and the same was dismissed by confirming the judgment and decree in O.S.No.208 of 2008 against which the present appeal is filed.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether plaintiff who filed the suit for partition having pleaded oral partition, proved the same? If not judgments of the Courts below are vitiated?

2. Whether the Courts below appreciated the evidence on record in proper perspective?

3. Whether the suit is bad for non-joinder of necessary parties?

______ 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.12 of 2017 on the file of learned Senior Civil Judge, Kandukuru.

Issue notice to the respondent.

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

______ SRS,J

I.A.Nos 2 and 3 of 2022

Post along with the Second Appeal.

______ SRS,J ikn