Heard Sri G.R. Sudhakar vs (2) Whether The Entry Of Name In The ...
2023 Latest Caselaw 3695 AP

       HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

       MAIN CASE No: S.A No.211 OF 2023

                            PROCEEDING SHEET

Sl.                                                                          OFFICE
        DATE       ORDER
No.                                                                           NOTE
                   DR.KMR,J
2.    25.07.2023
                                     S.A.No211 of 2023

                         Heard Sri G.R. Sudhakar, learned counsel for
                   the appellants.
                         Considering the decree and judgments of the
                   trial Court and the first Appellate Court since the
                   following substantial questions of law arise for
                   determination in the Second Appeal, ADMIT.


                         (1) Whether the Court below was justified in
                             dismissing the appeal suit in spite of the
                             specific contention of the plaintiff that the
                             suit is time barred and not within
                             limitation, hit by Article 54 of the
                             Limitation Act, 1963. AS the suit was
                             filed for specific performance in the year
                             2011 whereas, the alleged Agreement of
                             Sale is dated 24.4.2002?
                         (2) Whether the entry of name in the revenue
                             records confers title in favour of the
                             plaintiff?
                         (3) Whether the Hon'ble Court was right in
                             marking the document in as much as on
                             a reading of the same, it is stated that
                             possession was given to the respondent

and without the stamp duty, the same is inadmissible?

(4) Whether the Court below has exercised its power under Section 73 of the Indian Evidence Act, wherein the Court below ought to have compared the signatures more so when the very execution of the Sale Deed is denied?

Notice.

Post the matter for hearing on 16.08.2023.

____________ DR. KMR,J

I.A.No.1 of 2023

Heard Sri G.R. Sudhakar, learned counsel for the petitioners/appellants.

Considering the submissions made by the learned counsel for the petitioners/appellants, there shall be interim stay of all further proceedings pursuant to the Judgment and Decree dated 27.03.2018 in O.S.No.74 of 2011 on the file Junior Civil Judge, Guntakal as confirmed in A.S No.39 of 2018 dated 26.09.2022 on the file of the VI Additional District Judge, Anantapuram, for a period of three (03) weeks i.e., till 16.08.2023.

____________ DR. KMR,J

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