Musunuru Nageswara Rao vs Thota Venkateswarlu
2024 Latest Caselaw 394 AP

Andhra Pradesh High Court - Amravati

Musunuru Nageswara Rao vs Thota Venkateswarlu on 9 January, 2024

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

             MAIN CASE No.: Second Appeal No.42 of 2018

                                  PROCEEDING SHEET

                                                                                Office
S.No     DATE                               ORDER
                                                                                Note


05.    09.01.2024   BSS, J

                           I have heard learned Senior Counsel for
                    appellant Mr.Vedula Srinivas.
                           The      learned       counsel      Ms.Kalpana,
                    represented     on   behalf    of   Mr.V.V.L.N.Sarma,
                    learned counsel for Respondent Nos.1 to 3.

After hearing the learned counsel for appellant the following substantial questions of law arose for consideration in the present appeal:

(1) "Whether the First Appellate Court is justified in reversing the judgment of the trial Court with regard to the genuineness of Ex.A2 Will merely on the basis of probabilities and suspicious circumstances as discussed by the Appellate Court?

(2) Whether the First Appellate Court is correct in holding that suit for possession is not maintainable without seeking declaration of the validity of Ex.A2 Will deed and Ex.A9 Gift Deed by the appellant?

(3) Whether the Court below justified in dismissing the suit to the extent of Item No.2 of schedule property ignoring the fact that O.S.No.27 of 2009 filed by Defendant No.3 seeking cancellation of the Gift Deed dated 11.02.2005 was dismissed and no appeal is preferred which has become final?"

Cont..02 09.01.2024 ::02::

Admit.

List the case after four (04) weeks.

_______ BSS, J KLNS