Garlapti Nageswara Rao vs Garlapati Kotaiah
2023 Latest Caselaw 2474 AP

               HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

                   MAIN CASE No: S.A.No.199 of 2023

                                 PROCEEDING SHEET

Sl.                                                                             OFFICE
No      DATE                                 ORDER                               NOTE

1.    26.04.2023   Dr.VRKS,J

                                    I.A.No.1 of 2023

                         Heard the learned counsel for the appellants.

                         This application is filed to condone (69) days

                   delay in re-presenting the Second Appeal papers

                   which were initially returned on certain office

                   objections.

                         The     cause   assigned    in   the   petition   is

                   misplacement of record.

                         Considering the case as satisfactory, this

                   application is allowed.

                                    I.A.No.2 of 2023

                         Issue notice to the respondents.

List the matter after four (04) weeks.

S.A.No.186 of 2023

This Second Appeal has been coming up

for hearing before Admission. Heard the learned counsel and perused

the record.

In the trial Court, the suit is filed for

Partition of Suit Schedule properties that

belong to the mother of the plaintiff, which was

decreed.

The Appeal Suit is filed by the defendants

and the same was allowed and the trial Court

Judgment was set aside.

The contention of the learned counsel for

the appellant that the learned First Appellate

Court not only misconstrue the Judgment of

the Trial Court, but also failed to the settled

preposition of law.

Hence, basing on the material on record,

the following substantial questions of law are

formulated:-

a."Whether the findings of the First Appellate Court in reversing the Judgment and Decree dated 30.11.2016 passed in O.S.No.648/2013 by the Hon'ble Trial court are perverse, contrary to law and weightage of evidence"?

b."Whether the First Appellate Court is justified in setting the aside Judgment and Decree of the Hon'ble Trial Court despite the defendants failing to discharge the burden of proving prior partition of Plaint Schedule Property among Plaintiff and Defendants No.1 and 2"?

d. "Whether the prior partition of joint family properties disentitle the Plaintiff to seek partition of Plaint Schedule Property that remained joint/unpartitioned"?

Admit.

The learned counsel for the appellant is

permitted to take out personal notice to the

respondents by Registered Post with

Acknowledgment Due and to file proof of service

in the Registry.

List the matter after four (04) weeks.

_____________ Dr.VRKS,J

PNS