Citation : 2023 Latest Caselaw 3252 AP
Judgement Date : 27 June, 2023
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No: S.A.No.290 of 2023
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
01 27.06.2023 Dr. KMR,J
Sri Raghavan K Thalapaka, learned Counsel
for the Appellant, submitted that the respondent
herein filed O.S.No.28 of 2016 on the file of Senior Civil Judge, Darsi and it was dismissed. Against that order, he filed Appeal Suit No.31 of 2017 before the VI Additional District Judge, Markapur and it was allowed by setting aside the decree and Judgment passed in O.S.No.28 of 2016 dated 02.06.2017. Challenging the said order, the Appellant filed the present Second Appeal.
2. On hearing the submissions of learned Counsel for the Appellant, the following substantial questions of law arise for consideration:
a) Whether the court below properly appreciated the evidence on record or not?
b) Whether the judgment and decree of appellate court is perverse or not and contrary to the evidence or not?
c) Whether the appellate court is justified in allowing the appeal and decreeing the suit?
3. Notice before admission.
4. Meanwhile, there shall be stay of all
further proceedings pursuant to the Judgment and Decree dated 16.02.2023 passed in A.S.No.31 of 2017 on the file of the VI Additional District Judge, Markapur, subject to the appellant depositing 50% of the Decretal amount together with costs within a period of four weeks from the date of receipt of the order; filing which, the interim order stands vacated automatically.
Post on 25.07.2023.
________ Dr. KMR,J BSK/HS
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