Chilukoti Naga Raju vs Chilukoti Appala Suri
2023 Latest Caselaw 2103 AP

               HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

                     MAIN CASE No: S.A.No.70 of 2023

                               PROCEEDING SHEET

Sl.                                                                      OFFICE
No      DATE                                ORDER                         NOTE
4.    19.04.2023
                   Dr.VRKS,J

                           Learned counsel on both sides are in
                   attendance.
                           This matter has been coming up for
                   hearing before admission.
                           After hearing learned counsel on both
                   sides and on perusal of the record, it is seen
                   that the suit was one for partition and the
                   learned Trial Court decreed the same as prayed
                   for.
                           Defendant No.3 went for appeal, the
                   learned Appellant Court while sustaining the
                   claim for partition excluded certain items from
                   partition and thereby allowed the appeal in
                   part.
                           It is against that the plaintiffs have come
                   up with this Second Appeal. The substantial
                   questions of law emerged in the Second Appeal:
                   1.

of the plaint schedule by the learned First Appellant Court from the partition on the premise that they stand in the name of defendant No.3 is in accordance with law.

2. Whether the First Appellate Court

Judgment suffers from violation of the Order 41 Rule 31 of Civil Procedure Code as the point for determination raised does not match with the points that were answered.

Admit.

For hearing the Second Appeal, list the matter after summer vacation, 2023.

Interim orders granted earlier shall extend till the next adjournment.

_____________ Dr.VRKS,J

MSI