Lellaboyina Subbayamma vs Lellaboyina Venkatappaiah
2024 Latest Caselaw 7222 AP

Andhra Pradesh High Court - Amravati

Lellaboyina Subbayamma vs Lellaboyina Venkatappaiah on 14 August, 2024

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

           HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

      MAIN CASE No.: Second Appeal No.479 of 2024
                              PROCEEDING SHEET

SL.      DATE                                   ORDER                              OFFICE
NO.                                                                                 NOTE
       14.08.2024 SRK, J

                                     S.A.No.479 of 2024
                         Heard.
                         In   view        of     the     following   substantial
                  questions law, i.e.,
                  i.     Whether the lower Appellate court right in
                         allowing the appeal by setting aside the
                         judgment and Decree passed by the Trial
                         Court on the reason that the plaintiff had not
                         impleaded the necessary parties in the suit
                         though they are not concerned to this issue?
                  ii.    Whether the coparceners can be added in
                         final decree proceedings of partition suit
                         even     after        passing    preliminary   decree
                         allotting share to them if necessary, when
                         the non-joinder of necessary parties in the
                         partition suit is curable defect?
                  iii.   Whether the Lower Appellate court right in
                         totally ignoring the Ex.A 20 will                  and
                         rendering finding that the will is not filed in
                         the suit?
                  iv.    Whether the Appellate court is right in
                         considering the contention of the defendants
                         that the partition has taken place between
       2




SL.       DATE                              ORDER                                OFFICE
NO.                                                                               NOTE
                         members of family excluding the plaintiff
                         without any cogent evidence and further
                         plea of oral partition cannot be accepted
                         without cogent documentary evidence?
                 v.      Whether      the    Appellate      court      below
                         committed error in holding that appellants
                         have not proved that they have succeeded
                         through their ancestors especially when the
                         same has been proved by way of irresistible
                         evidence such as examination of villagers?
                 vi.     Whether      the   Appellate     court     right   in
                         considering the contention of the defendants
                         that the oral partition has taken place
                         between      among     brothers     and       father
                         excluding the husband of the appellant?
                 vii.    Whether the entries in the record of rights is
                         a relevant piece of documentary evidence to
                         prove factum of the partition?
                 viii.   Whether Appellate court right in considering
                         the plea of non-joinder and misjoinder of
                         sisters is fatal to the suit without there being
                         any plea in written statement and further
                         right   in   accepting     the    contention       of
                         defendants without cogent evidence their
                         apportionment share is essential to decide
                         the suit?
                         ADMIT.
       3




SL.       DATE                            ORDER                               OFFICE
NO.                                                                            NOTE

                                     I.A.No.2 of 2024

                       Learned counsel for the petitioner/appellant
                 is permitted to take out personal notice on
                 respondents         by     registered      post      with

acknowledgment due and file proof of service before the Registry within a period of four (4) weeks.

Meanwhile, there shall be interim suspension of decree and judgment dated 22.01.2024 in A.S.No.133 of 2013 on the file of the Judge, Family Court-cum-VIII Additional District Judge, Prakasam at Ongole, for a period of six (6) weeks.

Post the matter after four (4) weeks.

______ SRK, J

Vns