T Seetharamnjaneyulu Died vs K K Viswanadham
2023 Latest Caselaw 2433 AP

               HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

                   MAIN CASE No: S.A.No.1557 of 2018

                               PROCEEDING SHEET

Sl.                                                                   OFFICE
No      DATE                             ORDER                         NOTE

5     25.04.2023

Dr.VRKS,J

On 06.12.2018, Notice before Admission

was ordered by this Court. Notices were served.

The learned counsel for the appellant is

in attendance.

Heard the submissions and perused the

record.

The following Substantial Questions of

Law are formulated:-

a. "Whether the courts below wrongly interpreted the western boundary recital of Ex.B-8 sale deed as joint passage and the southern boundary recital i.e. gallidari as also joint passage of the predecessors in title of the plaintiff and the defendants which materially affected the decision of the case"?

b. "Whether the judgments of the Courts below are vitiated for the reason of not taking into consideration of the material fact that is the northern boundary recital in Ex.B-10 registered khararnama dt.08.10.1939 which was shown as the site of the predecessor in title of the defendants only and not as the joint passage of both the predecessors in title of the defendants and plaintiff"?

d. "Whether the findings of the courts below are vitiated for non-consideration of the physical features mentioned in the report of the advocate-commissioner and his plan and also for not taking into consideration of the relevant evidence available on record and whether the findings of the courts below relating to the said right of easement and joint right of passage etc. are perverse, patently illegal, erroneous and suffers from procedural irregularities and cannot be sustained in law"?

g. "Whether the Lower Appellate Court has correctly applied the principles of law regarding the grant of declaration of alleged joint passage and consequential injunction in DONMLKJE site of plaint plan for ingress and egress to northern road"?

List the matter after Summer Vacation,

2023 for final hearing.

_____________ Dr.VRKS,J

PNS