Piniboina Mutyala Rao vs Urkuti Nestalamma
2022 Latest Caselaw 7382 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE : S.A.No.417 of 2022
                                    PROCEEDING SHEET
Sl.      Date                               ORDER                               OFFIC
No.                                                                               E
                                                                                NOTE

      26.09.2022
                   SRS,J

                                       S.A.No.417 of 2022
                         Defendant filed the present second appeal against
                   the judgment and decree, dated 13.06.2022 passed in
                   A.S.No.19 of 2017 on the file of the XIII Additional
                   District Judge, Gajuwaka, reversing the judgment and
                   decree, dated 09.11.2016 passed in O.S.No.35 of 2006
                   on the file of the      Additional Senior Civil Judge,
                   Gajuwaka, Visakhapatnam.

                         The suit in O.S.No.35 of 2006 was filed by the
                   plaintiffs to declare their title over the suit schedule
                   property as absolute owners and for consequential relief
                   of recovery of possession of the schedule property from
                   the defendant upon evicting him and for costs.

                         The trial Court dismissed the suit with costs.
                   Aggrieved by the same, the plaintiffs preferred A.S.No.19
                   of 2017 and the same was allowed by judgment and
                   decree dated 13.06.2022, reversing the judgment and
                   decree in O.S.No.35 of 2006. Hence, the suit is decreed.
                   Therefore, the present Second Appeal is filed by the
                   defendant.

                         Heard.
                         Admit.
                         The following substantial question of law arises for
                   consideration.

                         1) Whether any amount of evidence was permitted
                            to be let-in in the absence of pleading? If not,
                            the judgment of the lower appellate Court is
          vitiated?

      2) Whether the appellant/defendant is entitled to
         benefit doctrine of part performance as per
         Section 53-A of Transfer of Property Act? If so,
         the judgment of the lower appellate Court is
         vitiated?

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

      Since the suit is filed for declaration and for
recovery of possession and the suit is decreed, there shall
be stay of all further proceedings pursuant to the
judgment and decree dated 13.06.2022 in A.S.No.19 of
2017 on the file of XIII Additional District Judge at
Gajuwaka regarding the suit schedule property in
O.s.No.35 of 2006 on the file of the Additional Senior
Civil Judge at Gajuwaka, pending further orders.

      Issue notice to the respondents.

Learned counsel for the petitioner 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