Thippireddy Gari Latha vs G.K. Subhadramma
2023 Latest Caselaw 2801 AP

                HIGH COURT OF ANDHRA PRADESH : AMARAVATHI

                    MAIN CASE No: S.A.No.05 of 2023

                             PROCEEDING SHEET

Sl.      DATE                                                              OFFICE
No                                        ORDER                             NOTE
3.    03.05.2023
                    Dr.VRKS,J

                          Learned counsel on both sides are in
                    attendance.
                          This matter has been coming up for
                    hearing before admission.
                          On hearing learned counsel for the
                    appellant and on perusal of the record, the
                    Second Appeal is admitted       on the following
                    substantial questions of law:
                          1. Whether the claim of Class-I legal
                    heirs of Hindus in seeking declaration of their
                    share over the amount covered by insurance
                    policies cannot be maintained before a Civil
                    Court without obtaining succession certificate
                    and   whether   the    judgment    of    the   first
                    Appellate Court is erroneous in this regard?


                          2. Whether a suit for declaration of
                   shares and recovery of amount could be
                   dismissed holding section 39 of the Insurance
                   Act, 1938 is a bar and if so, whether the
                   judgment of the first Appellate Court is
                   maintainable?
                                                            (Contd...)
                     2


      3. Whether the learned first Appellate
Court failed to consider the facts and law and
committed grave error when it held Ex.B5
insurance policy was assigned in favour of
defendant No.3/respondent No.3 here?

For final hearing of arguments on both sides, list the matter on 28.06.2023.

_____________ Dr.VRKS,J

I.A.No.3 of 2023 This application is filed seeking stay of operation of judgment and decree of learned first appellate court.

Heard the learned counsel. Today, the Second Appeal has been admitted on formulating substantial questions of law.

Considering the questions that have come up it is in the interest of justice to grant stay of operation of impugned judgment of the first appellate court till the next date of hearing.

For counters and hearing, list the matter on 28.06.2023.

_____________ Dr.VRKS,J

MSI