Smt. Sunkara Jyothi, vs Achanta Satyanarayana Vara ...
2022 Latest Caselaw 7984 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.466 of 2022
                                     PROCEEDING SHEET
Sl.      Date                                  ORDER                                OFFICE
No.                                                                                  NOTE

1.    19.10.2022
                   SRS,J
                                        S.A.No.466 of 2022
                            Plaintiff filed the present second appeal against
                   the judgment and decree, dated 08.07.2022 pased in
                   A.S.No.57 of 2017 on the file oflearned IV Additional
                   District    Judge,     Tanuku,    West    Godavari   District,
                   confirming the judgment and decree, dated 28.08.2017
                   in O.S.No.218 of 2010 on the file of learned Senior Civil
                   Judge, Tanuku.

                            The appellant being plaintiff filed O.S.No.218 of
                   2010 for cancellation of registered settlement deed,
                   dated 26.10.2004 executed by the plaintiff in favour of
                   respondent No.1/defendant No.1.

The trial Court dismissed the suit observing that there is no mention in Ex.A1 settlement deed about the understanding to reconvey by respondent No.1/defendant No.1 at a later point of time and no independent witness was examined to establish the same. Aggrieved by the same, appellant/plaintiff preferred A.S.No.57 of 2017 and the same was dismissed, against which the present second appeal is filed.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgments of Courts below are vitiated in not considering the evidence of PW3, who is defendant in the suit, in proper perspective?

2. Whether the judgment of the appellant Court is vitiated giving a finding on limitation without there being any plea by the respective parties?

______ SRS,J ikn