Yadali Damayanthi vs Yaragalla Veeranjaneyulu
2024 Latest Caselaw 1350 AP

Andhra Pradesh High Court - Amravati

Yadali Damayanthi vs Yaragalla Veeranjaneyulu on 16 February, 2024

 APHC010040902024
                       IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
                                        (Special Original Jurisdiction)

                             FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY
                                TWO THOUSAND AND TWENTY FOUR

                                            PRESENT

                        THE HONOURABLE SRI JUSTICE G.NARENDAR

                               SECOND APPEAL NO: 82 OF 2024

Between:
YADALI DAMAYANTHI AND OTHERS                                               ...APPELLA
                             AND
YARAGALLA VEERANJANEYULU AND OTHERS                                       ...RESPONDE

Counsel for the Appellant(s):SRI. K RAMA KOTESWARA RAO

Counsel for the Respondents: Y SUBBA RAO

The Court made the following:

I.A.No.2 of 2024 Heard learned counsel for the appellants and the learned couns the respondents.

2. Having heard both the counsel, it is seen that there is dispute regard to certain dates i.e., date of agreement being 15.06.2005 and demand by the plaintiff-agreement holder is on 10.01.2013. Prima facie, appears to be a delay.

3. It is contended by the learned counsel for the plaintiff that the issue has been gone into and would take this Court through paragraph the Appellate Court Judgment.

4. On a bare reading, it is apparent that the onus of demonstr that the suit is not within the limitation period has been cast upon defendant.

5. That apart, it is seen that no issue has been framed by both Courts below with regard to the aspect of limitation; Whether time is essen the contract or not; Whether the suit is within the limitation period; are is that ought to have been framed by the Courts below.

6. Despite the defendant raising a defense to the said extent, ne issue is framed nor any finding is rendered by the Courts below. Hence following substantial questions of law arise for consideration in the appeal i. Whether the Courts below were right in decreeing the suit wi ii. Whether the Appellate Court was right in casting the burden of pr the suit barred by limitation on the defendant and to such other is as that may arise at the time of disposal, admit?.

7. In view of the above reasons recorded, this application is all and there shall stay of operation of execution of the judgment and d passed in O.S.No.39 of 2013 pending on the file of the Court of the Senior Judge, Repalle, Guntur District.

_____ GN

I.A.No.1 Of 2024 This application is to be considered at the time of final hearing.

_____ GN

1. Issue notice regarding admission.

2. List the matter after the completion of service of notice.

_____ GN

Date: 16.02.2024 RKS