Madabathula Satyanarayana vs Jakkilinki Veera Venkata Satya ...
2022 Latest Caselaw 6925 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                             MAIN CASE : S.A.No.395 of 2022
                                  PROCEEDING SHEET
Sl.      Date                                ORDER                                  OFFIC
No.                                                                                   E
                                                                                    NOTE

      13.09.2022
                   SRS,J
                                        I.A.No.1 of 2022
                         This Interlocutory Application is filed to condone
                   the delay of 163 days in representing the Second
                   Appeal.
                         For the reasons mentioned in Para No.3 of the
                   affidavit, the delay of 163 days in representing the the
                   Second Appeal is condoned.
                         Accordingly, this petition is ordered.
                                                                          ______
                                                                           SRS,J
                                       S.A.N .395 of 2022
                         Cross objectors/plaintiffs filed the present second
                   appeal    against   the   judgment     and   decree,    dated
                   20.10.2021 passed in A.S.No.93 of 2020 on the file of the
                   III Additional District Judge, reversing the judgment and
                   decree, dated 17.03.2020 passed in O.S.No.576 of 2018
                   on the file of the II Additional Senior Civil Judge,
                   Kakinada.

                         The suit in O.S.No.576 of 2018 was filed by the
                   plaintiffs for declaring the title of the plaintiffs and grant
                   a decree for vacant possession of the plaint schedule
                   property by evicting the defendant from the plaint
                   schedule property along with the constructions in the
                   plaint schedule property. plaintiffs alternatively seeking
                   preliminary decree for partition of the plaint "B" schedule
                   property into two equal and equitable shares.
       The trial Court decreed the suit by declaring that
plaintiffs have absolute right and title over plaint "A"
schedule property and the defendant is directed to vacate
the plaint "A" schedule property and handover the vacant
possession to plaintiffs within three months from the
date of the judgment and alternative relief regarding
partition is dismissed. Aggrieved by the same, the
defendant preferred A.S.No.93 of 2020 and the same was
allowed by judgment and decree dated 20.10.2021 and
hence, the suit was dismissed. Therefore, the present
Second Appeal is filed by the plaintiffs.

      Heard.
      Admit.
      The following substantial questions of law arise for
consideration.

   1) Whether the judgment and decree of the Court
      below is vitiated in non framing the points for
      consideration under Order 41 Rule 31 C.P.C?

   2) Whether the plaintiffs proved Ex.A.5-Will as per
      Section 68 of Evidence Act and Section 63 of
      Indian Succession Act and removed suspicious
      circumstances. If so, the finding of the lower
      appellate Court is vitiated?

   3) Whether the defendant having pleaded that the
      property   was    given   to   her    as   per   Pasupu-
      Kumkuma placed any evidence to prove the same
      if not, the judgment of the lower appellate Court is
      liable to be set aside?

                                                        ______
                                                         SRS,J
                                                           KA
                     I.A.No.2 of 2022

      Issue notice to the respondent.

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

List the matter on 11.10.2022.

______ SRS,J KA HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : C.M.A.No.275 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

05.09.2022 SRS,J I.A.No.1 of 2022 Notice to the respondents. Learned counsel for the petitioner is permitted to take out personal notice to the respondents 1 and 2 by registered post with acknowledgment due and file proof of service in the Registry.

List the matter 10.10.2022.

______ SRS,J

ka HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : C.M.A.No.274 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

05.09.2022 SRS,J C.M.A.No.274 of 2022 Admit Notice.

______ SRS,J

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