Yalamandala Rama Devi, vs Yedidi Baby Bulah Rani,
2023 Latest Caselaw 2138 AP

               HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

                    MAIN CASE No: S.A.No.183 of 2023

                                PROCEEDING SHEET

Sl.                                                                      OFFICE
No      DATE                            ORDER                             NOTE
1.    20.04.2023
                   Dr.VRKS,J

                         This Second Appeal has been coming up
                   for hearing before admission.
                         Heard learned counsel for the appellant
                   claiming property under a Will plaintiff sued for
                   permanent injunction.
                         Defendants are natural heirs to the
                   executant of the Will. Defendants did not
                   choose to contest the suit. Ex-Parte proceedings
                   were conducted by learned Trial Court and
                   dismissed the suit. Plaintiff then preferred first
                   appeal in which the defendants made their
                   appearance     and   argued     the   case.   First
                   Appellate Court also dismissed the prayer.
                   Therefore, plaintiff preferred this second appeal.
                         Perused the entire record.
                         The judgment of the First Appellate Court
                   indicates consideration of several documents
                   filed by the defendants in the Appellate Court
                   which never became the part of the evidence
                   and reached to the conclusions based on those
                   documents which are never backed up by any
                   pleadings.
                       2


      The following substantial questions of law
arises:
   1. Whether     the          Learned     First      Appellate
      Court     committed               grave        error    in
      considering the material that was never
      part of the evidence?
   2. Whether       evidence        on     record       proved
      execution of original of Ex.A1 Will but by
      a perverse reading of the evidence the
      First Appellate Court disbelieved the Will?
   3. Whether the Judgments of the Court
      below     are       perverse        in     disbelieving
      possession over a vacant house site
      despite the oral evidence of five witnesses
      and the documentary evidence in 19
      documents when there was no denial of
      the any of them at the trial?
   Admit.
                    I.A.No.1 of 2023
      This    application          is     to     direct      the
respondents     not       to    alienate       the    disputed

properties pending disposal of this appeal. The Second Appeal is admitted on substantial questions of law.

It is in these circumstances Ex-Parte directions are given to respondents not to alienate the suit disputed properties till further orders.

Learned counsel for the appellant/petitioner is permitted to take out

personal notices to the respondents and file proof of service in the Registry.

List the matter on 11.05.2023.

_____________ Dr.VRKS,J

MSI