Balabhadra Kesavaiah vs Balabhadra Raghavaiah
2022 Latest Caselaw 7252 AP

Citation : 2022 Latest Caselaw 7252 AP
Judgement Date : 21 September, 2022

Andhra Pradesh High Court - Amravati

Balabhadra Kesavaiah vs Balabhadra Raghavaiah on 21 September, 2022

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.372 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

21.09.2022 SRS,J

S.A.No.372 of 2022 Defendants filed the present second appeal against the judgment and decree, dated 23.07.2021 passed in A.S.No.36 of 2018 on the file of the VI Additional District Judge, Anantapuram District at Gooty, confirming the judgment and decree, dated 07.08.2018 passed in O.S.No.63 of 2008 on the file of the Senior Civil Judge, Gooty.

The suit in O.S.No.63 of 2008 was filed by the plaintiffs for partition and separate possession of plaint ABCD schedule properties into four equal shares and allot one such share equally to plaintiffs and the 1 st defendant taking into consideration the metes and bounds of each share and to declare that the three gift deeds executed by the 1st defendant in favour of the defendants 2 to 7 on 05.06.2008 and registered in the office of Sub Registrar, Yadiki under the document Nos.1035/2008, 1036/2008 and 1037/2008 is void documents and consequently ordered their cancellation and for costs of the suit.

The trial Court decreed the suit without costs and preliminary decree was passed. Aggrieved by the same, the defendants preferred A.S.No.36 of 2018 and the same was also dismissed by judgment and decree dated 23.07.2021. Hence, the present Second Appeal is filed by the defendants.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1) Whether the judgments and decrees of the Courts below are vitiated in coming to the conclusion that the 1st defendant never treated the suit schedule property as self acquired property and he treated the same as joint family property and thereby the gift deeds executed by the 1st defendant in favour of the defendants 2 to 8 under Exs.A-5 to A-7 do not bind on the plaintiffs, is without appreciating the pleadings and evidence on record?

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

______ 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 dated 23.07.2021 in A.S.No.36 of 2018 on the file of the VI Additional District Judge, Anantapuramu at Gooty.