Pathi Anil Kumar vs Pabbidi Bala Nagi Reddy
2022 Latest Caselaw 7374 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.412 of 2022
                                    PROCEEDING SHEET
Sl.      Date                                ORDER                                 OFFIC
No.                                                                                  E
                                                                                   NOTE

      26.09.2022
                   SRS,J
                                       S.A.No.412 of 2022
                         Plaintiffs 1 and 2 filed the present second appeal
                   against the judgment and decree, dated 24.02.2022
                   passed in A.S.No.7 of 2019 on the file of the V Additional
                   District Judge, Allagadda, reversing the judgment and
                   decree, dated 11.12.2012 passed in O.S.No.314 of 2006
                   on the file of the Junior Civil Judge, Allagadda.

                         The suit in O.S.No.314 of 2006 was filed by the
                   plaintiffs for partition of the plaint schedule property into
                   three equal shares by metes and bounds, to allot one
                   such share to each plaintiff and to deliver separate
                   possession of the said property to the plaintiffs through
                   process of law and for costs of the suit.

                         The trial Court decreed the suit without costs and
                   preliminary decree was passed on 11.12.2012. Aggrieved
                   by the same, the defendants 2 and 3 preferred A.S.No.7
                   of 2019 and the same was allowed on 24.02.2022.
                   Hence, the suit is dismissed. Therefore, the present
                   Second Appeal is filed by the plaintiffs.

                         Heard.
                         ADMIT.

                         The following substantial questions of law arise for
                   consideration.

                         1) Whether in the facts and circumstances of the
                             case, since the defendants have no objection for
                             passing a decree in respect of item Nos.1 and 2
                             of plaint schedule properties, dismissal of the
          suit by the appellate Court is justified?

      2) Whether the judgment and decree of the lower
         appellate Court is contrary to the evidence on
         record? If so, whether the judgment of the lower
         appellate Court is liable to be set aside?


                                                      ______
                                                      SRS,J
                    I.A.No.1 of 2022

      Issue notice to the respondents.

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

List the matter on 31.10.2022.

______ SRS,J KA