Mandala Sri Krishna Anjaneyulu vs Konakalla Alivelu Manga Tayaru
2022 Latest Caselaw 5945 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                             MAIN CASE : S.A.No.309 of 2020
                                    PROCEEDING SHEET
Sl.      Date                                  ORDER                               OFFIC
No.                                                                                  E
                                                                                   NOTE

15.   05.09.2022
                   SRS,J
                                            S.A.No.309 of 2022
                           Defendant No.4 filed the present second appeal
                   against the judgment and decree, dated 15.06.2020
                   passed in A.S.No.105 of 2017 on the file of learned IX
                   Additional    District    Judge,   Machilipatnam,    Krishna
                   district, confirming the judgment and decree, dated
                   15.09.2016 passed in O.S.No.296 of 2007 on the file of
                   learned Principal Senior Civil Judge, Machilipatnam,
                   Krishna District.

                           The suit in O.S.No.296 of 2007 was filed by the
                   plaintiff seeking partition of the schedule properties into
                   three equal shares and for allotment of one share to her.

                           The trial Court partly decreed the suit without
                   costs. Preliminary decree was passed. Aggrieved by the
                   same,     appellants/Defendants      1   and   4    preferred
                   A.S.No.105 of 2017 and the same was dismissed without
                   costs by judgment and decree, dated 15.06.2020 against
                   which, the present second appeal is filed.

                           Heard.

                           Admit.

                           The following substantial questions of law arise for
                   consideration.

                              1.

Whether the judgment and decree of the lower appellate Court below is vitiated in not framing points for consideration under Order 41 Rule 31 of C.P.C.?

2. Whether the suit for partition is maintainable since the plaintiff admitted the partition prior to commencement of Hindu Succession Act?

3. Whether the judgments and decrees of the Courts below are unsustainable in ignoring the evidence of P.W.1?

______ SRS,J

I.A.No.1 of 2020

There shall be stay of passing of final decree alone

and other proceedings shall go on.

______ SRS,J KA