Korukonda Chinna Venkata Rao vs Rajapanthulalakshmi Korukonda ...
2023 Latest Caselaw 199 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.14 of 2023
                                    PROCEEDING SHEET

Sl.      Date                                ORDER                               OFFIC
No.                                                                                E
                                                                                 NOTE

1.

18.01.2023 SRS,J

S.A.No.14 of 2023

Defendants 1 and 2 in suit filed the present second appeal against the judgment and decree dated 26.08.2022 in A.S.No.72 of 2019 on the file of the Principal District Judge, Srikakulam, confirming the judgment and decree dated 11.02.2019 in O.S.No.122 of 2014 on the file of the Senior Civil Judge, Rajam.

O.S.No.122 of 2014 is filed for partition of plaint A to C schedule properties into five equal shares by metes and bounds and allot one such share to plaintiff after converting the joint possession into separate possession and subsequent mesne profits and costs of the suit.

The trial Court decreed the suit with costs and a preliminary decree was passed. Aggrieved by the same, defendants 1 and 2 preferred appeal A.S.No.72 of 2019 and the same was also dismissed. Hence, the present Second Appeal is filed by Defendants 1 and 2.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the finding of the Courts below that the suit schedule properties are ancestral family properties, is supported by any evidence? If not, the judgments of the Courts below are vitiated ?

2) Whether the order of the lower appellate Court in not receiving the registered gift deed dated 26.03.1997 vitiates the judgments?

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

Heard.

There shall be stay of passing of final decree alone and other proceedings shall go on pursuant to the decree and judgment dated 26.08.2022 in A.S.No.72 of 2019 on the file of the Principal District Judge, Srikakulam.

_______ SRS,J KA