T.Prahaladachar vs H.Parimala Bai
2024 Latest Caselaw 130 AP

Andhra Pradesh High Court - Amravati

T.Prahaladachar vs H.Parimala Bai on 3 January, 2024

       HIGH COURT OF ANDHRA PRADESH::AT AMARAVATI
                   MAIN CASE No.S.A.No.701 of 2023

                            PROCEEDING SHEET
Sl.                                                                        OFFICE
        DATE                              ORDER
No.                                                                         NOTE
01.   03.01.2024   KSR,J
                                 S.A.No.701 of 2023

                           The 4th defendant in O.S.No.306 of
                   2005 on the file of the Court of Principal
                   Junior      Civil    Judge,       Adoni,     Kurnool
                   District,     is     the        appellant     herein.
                   Respondent Nos.1 to 6 herein are plaintiffs

in the above suit, which was filed seeking partition of the suit schedule property into five equal shares and to allot one such share to them and also for mesne profits. The appellant herein contested the suit by filing a written statement. After an elaborate trial, the Trial Court dismissed the suit by judgment and decree, dated 28.02.2014. Aggrieved by the same, respondent Nos.1 to 6/plaintiffs filed Appeal i.e., A.S.No.21 of 2014 on the file of the Court of II Additional District Judge, Adoni, Kurnool District. After an elaborate discussion and considering the entire material on record, the Appellate Court

allowed the appeal and decreed the suit by judgment and decree, dated 21.08.2023. Aggrieved by the same, the 4th defendant filed the Second Appeal.

2. It is contended by the learned counsel for the appellant that the suit itself is hopelessly time barred and the Trial Court has no pecuniary jurisdiction.

3. In view of the substantial questions of law raised in Ground Nos.1 to 7 of Grounds of Appeal (Paragraph-D), ADMIT.

In view of the facts and circumstances of the case, pending Second Appeal, there shall be an interim stay of passing of Final Decree alone. However, other proceedings may go on.

Notice.

_____________________ K SURESH REDDY,J

RSI/TSNR