Nimmagadda Venkaiah vs Nimmagadda Bullemma
2023 Latest Caselaw 197 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.17 of 2023
                                    PROCEEDING SHEET

Sl.      Date                                    ORDER                               OFFIC
No.                                                                                    E
                                                                                     NOTE

1.    18.01.2023
                   SRS,J
                                          S.A.No.17 of 2023

                         Plaintiffs 1 and 2 in suit filed the present second
                   appeal against the common judgment and decree dated
                   15.09.2022 in A.S.No.70 of 2012 and batch, reversing
                   the common judgment and decree dated 24.03.2011 in
                   O.S.No.614 of 2006 on the file of the III Additional Senior
                   Civil Judge (FTC), Guntur.

                         O.S.No.614 of 2006 is filed for cancellation of
                   registered sale deed bearing No.1226 of 2003, dated
                   20.10.2003 executed by 1st defendant in favour of the 2nd
                   defendant in respect of the schedule property and for
                   permanent injunction restraining the defendants not to
                   alienate the schedule property and for costs.

                         The trial Court decreed the suit with costs.
                   Aggrieved by the same, 2nd defendant preferred appeal
                   A.S.No.70 of 2012 and the same was allowed reversing
                   the common judgment and decree of the trial Court.
                   Hence, the present Second Appeal is filed by the
                   plaintiffs 1 and 2.

                         Heard.
                         ADMIT.

                         The following substantial questions of law arise for
                   consideration.

                         1) Whether Section 14(1) of Hindu Succession Act
                             would       apply   or   Section   14(2)   of   Hindu
                             Succession Act would apply to the facts of the
          case?

      2) Whether non consideration of I.A.No.232 of
         2018    in   A.S.No.70    of    2012   vitiates   the
         judgment of the lower appellate Court ?

      3) Whether disposing of I.A.No.232 of 2018 in
         A.S.No.70 of 2012     along with appeal vitiates
         the judgment of the lower appellate Court?

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

      Suit O.S.No.614 of 2006 was filed by the plaintiffs
for cancellation of registered settlement deed No.1226 of
2003 dated 20.10.2003 executed by the 1st defendant in
favour of the 2nd defendant in respect of suit schedule
property and for consequential permanent injunction
restraining the defendants not to alienate the schedule
property. Suit was decreed by judgment and decree
dated 24.03.2011 and against the said judgment and
decree, defendants filed A.S.No.70 of 2012 and the same
was allowed. Against the same, present second appeal is
filed. In the appeal, respondents filed I.A.No.232 of 2018

seeking amendment of the prayer and the same was dismissed along with the appeal.

Considering the facts and circumstances of the case, respondents 2 and 3 shall not alienate the suit schedule property in O.S.No.614 of 2006 on the file of the III Additional Senior Civil Judge (FTC), Guntur pending further orders.

Issue notice to the respondents.

Learned counsel for the petitioners is permitted to take out personal notice to the respondents by registered post with acknowledgment due and file proof of service in the Registry.

List the matter on 10.02.2023.

_______ SRS,J KA