Sallagundla Munaswamy Naidu vs Vadlamudi Siddaiah Naidu
2023 Latest Caselaw 200 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.12 of 2023
                                    PROCEEDING SHEET

Sl.      Date                               ORDER                               OFFIC
No.                                                                               E
                                                                                NOTE

1.    18.01.2023
                   SRS,J
                                        I.A.No.1 of 2023

                         This application is filed to condone the delay of
                   194 days in representing the a above second appeal.
                         For the reasons mentioned in Para No.2 of the
                   affidavit, the delay of 194 days is condoned.
                         Accordingly, this petition is ordered.
                                                                      _______
                                                                       SRS,J

                                       S.A.No.12 of 2023

                         Plaintiff in suit filed the present second appeal
                   against the judgment and decree dated 14.02.2022 in
                   A.S.No.130 of 2019 on the file of the Principal District
                   Judge, Chittoor, reversing the judgment and decree
                   dated 09.09.2019 in O.S.No.19 of 2014 on the file of the
                   Junior Civil Judge-cum-Judicial Magistrate of First
                   Class, Pakala.

                         O.S.No.19 of 2014 is filed to pass preliminary
                   decree   for partition to divide the plaint schedule
                   properties into two equal shares and to allot one such
                   share to plaintiff by taking into consideration the good
                   and bad qualities of the same and for costs of the suit.

                         The trial Court decreed the suit with costs and a
                   preliminary decree was passed. Aggrieved by the same,
                   defendants preferred appeal A.S.No.130 of 2019 and the
                   same was allowed reversing the judgment and decree of
                   the trial Court. Hence, the present Second Appeal is filed
 by plaintiff.

       Heard.
       ADMIT.

       The following substantial questions of law arise for
consideration.

       1) Whether in the facts and circumstances of the
          case, the finding of the lower appellate Court
          that the appellant failed to prove his joint
          possession within 12 years prior to filing the
          suit without considering Exs.A.1 to A.6 and
          Exs.C.1 to C.6 is sustainable ?

       2) Whether the finding of the lower appellate
          Court in considering Exs.B1 to B3 is legally
          sustainable?

       3) Whether the judgment of the appellate Court is
          vitiated in considering Article 65 and Section
          27 of the Limitation Act?

                                                   _______
                                                    SRS,J
                     I.A.No.2 of 2023

       Issue notice to the respondents.

Learned counsel for the petitioner 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 on 10.02.2023.

_______ SRS,J KA