Andhra Pradesh High Court - Amravati
M.V.Subba Reddy vs B.China Narasaiah on 13 September, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE : S.A.No.393 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 158 days in representing the second
appeal.
For the reasons mentioned in Para Nos.5 and 6
of the affidavit, the delay of 158 days in representing
the the second appeal is condoned.
Accordingly, this petition is ordered.
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SRS,J
S.A.No.393 of 2022
Defendant No.5 filed the present second appeal
against the judgment and decree, dated 02.07.2021
passed in A.S.No.119 of 2015 on the file of I Additional
District Judge, Guntur, partly confirming the judgment
and decree, dated 27.04.2022 passed in O.S.No.211 of
2006 on the file of I Additional Senior Civil Judge,
Guntur.
The suit in O.S.No.211 of 2006 was filed by the
plaintiffs for partition of the plaint schedule property into
four equal shares and allot one such share to the 1st
plaintiff, plaintiffs 2 to 8 together one share and one
share to D-1 and one share to D-2 and for separate
possession thereon and for costs and such other reliefs.
The trial Court decreed the suit with costs and
preliminary decree was passed by partitioning the plaint
schedule properties into four equal shares by allotting
one such share to the 1st plaintiff, one share to the
plaintiffs 2 to 8 together and one such share each to the
defendants 1 and 2. Aggrieved by the same, Defendant
No.5 preferred A.S.No.119 of 2015 and the same was
partly allowed by judgment and decree dated 02.07.2021
against which, the present Second Appeal is filed.
Heard.
Admit.
The following substantial questions of law arise for
consideration.
1) Whether the judgments and decrees of the Courts
below are vitiated in not considering the execution
of Exs.A-2 and A-3 by mother-Krishnavenamma in
favour of the defendants 1 and 2 in proper
perspective?
2) Whether the property be treated as a separate
property of Krishnavenamma or joint family
property, when Krishnavenamma exercises the
right over the property pursuant to Ex.A-1
Partition Deed dated 20.04.1976 to the exclusion
of children?
3) Whether Defendant No.5 is a bonafide purchaser
of the property?
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SRS,J
I.A.No.2 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.119 of 2015 on the file of I
Additional District Judge, Guntur.
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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.
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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.
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SRS,J
ka
