Gundabathula Shireen vs Mallareddy Padma Kumari
2023 Latest Caselaw 152 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                         MAIN CASE : S.A.No.1 of 2023
                             PROCEEDING SHEET

Sl.      Date                               ORDER                                OFFIC
No.                                                                                E
                                                                                 NOTE

1.

06.01.2023 SRS,J S.A.No.1 of 2023

Defendants 3 and 4 filed the present second appeal against the judgment and decree dated 28.10.2022 in A.S.No.95 of 2014 on the file of the III Additional District Judge, Bhimavaram, confirming the judgment and decree dated 21.10.2014 in O.S.No.239 of 2006 on the file of the Senior Civil Judge, Bhimavaram.

O.S.No.239 of 2006 is filed for declaration of title and recovery of possession and for permanent injunction.

Trial Court decreed the suit with costs. Aggrieved by the same, defendants 3 and 4 preferred A.S.No.95 of 2014 and the same was dismissed. Hence, defendants preferred the above second appeal.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the plaintiff removed the suspicious circumstances surrounding Ex.A-1 Will? If not, the judgments of the Courts below are vitiated in ignoring to consider the same?

2) Whether the judgments of the Courts below are vitiated in ignoring to consider the principle that in a suit for declaration of title and possession, plaintiff has to stand on his own case but not depend on the weakness of the defendants?

_______ SRS,J I.A.No.1 of 2023

Heard.

In the facts and circumstances of the case, there shall be stay of operation of decree dated 28.10.2022 in A.S.No.95 of 2014 on the file of the III Additional District Judge, Bhimavaram confirming the decree dated 21.10.2014 in O.S.No.239 of 2006 on the file of the Senior Civil Judge, Bhimavaram for a period of eight weeks subject to condition of petitioners depositing suit costs and damages as directed by the Court below within a period of six weeks. If the petitioners fail to deposit the said amount within six weeks, the interim order stands vacated without any further reference.

_______ SRS,J

KA/MVK