Andhra Pradesh High Court - Amravati
Vulavala Satya Kullai Reddy vs Buran Fatima on 1 March, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: S.A.No.112 of 2024 08
PROCEEDING SHEET
Sl. OFFICE
Date ORDER
No. NOTE
01.03.2024 BSB, J
I.A.No.2 of 2024
This application is filed to permit the petitioner
herein to amend the prayer in I.A.No.1 of 2024 in
S.A.No.112 of 2024 by substituting the following:
"It is therefore prayed that this Hon'ble court may be
pleased to suspend the decree and judgment in O.S.No.75
of 2016 dated 19-06-2018 passed by the Learned Junior
Civil Judge, Jammalamadugu which was confirmed by the
Learned II Additional District Judge, Kadapa at Proddatur
in decree and judgment in A.S.No.66 of 2018 dated 05-08-
2023 pending disposal of the second appeal and pass such
other orders or further orders as this Hon'ble court may
deem fit and proper in the circumstance of the case and in
the interest of justice"
in place of
"It is therefore prated that this Hon'ble court may be
pleased to suspend the operation of the Decree and
Judgement passed by Learned II Additional District Judge,
Kadapa at Proddatur in A.S.No.66 of 2018 dated 05-08-
2023 which confirmed the Decree and Judgement passed
by the Learned junior Civil Judge, Jammalamadugu in
O.S.No.75 of 2016 dated 19-06-2018 pending disposal of
the Second appeal and pass such other orders or further
orders as this Hon'ble court may deem fit and proper in the
circumstance of the case and in the interest of justice".
For the reasons stated in the affidavit and upon
hearing the learned counsel for the petitioner, the
petition is allowed.
The Registry is directed to get the amendment
carried out.
_________________
B.S.BHANUMATHI,J
Contd...
2
S.A.No.112 of 2024
01.03.2024
I.A.No.1 of 2024
This application is filed to suspend the decree
and judgment in O.S.No.75 of 2016 dated 19.06.2018
passed by the learned Junior Civil Judge,
Jammalamadugu which was confirmed by the learned
II Additional District Judge, Kadapa at Proddatur in
decree and judgment in A.S.No.66 of 2018 dated
05.08.2023 pending disposal of the second appeal.
For the reasons stated in the affidavit and upon
consideration of the grounds raised in the appeal,
interim order of suspension as prayed for is granted on
the condition that the petitioner shall deposit half of
the decretal amount with proportionate costs within
four(04) weeks from today.
Notice.
_________________
B.S.BHANUMATHI,J
S.A.No.112 of 2024
The following substantial questions of law are
framed for consideration:
1. "Whether the Judgment and decree of the
learned First Appellate court in Confirming the
judgment and decree of the trial court without
considering the Limitation of the suit is valid or
not?
2. Whether the Judgment and decree of the
learned First Appellate court and the judgment
and decree of the trial court are right in
extending the presumption under Sec.118 of
Negotiable Instrument Act in favor of the
Respondent/plaintiff in execution of the Ex.A1
and A2 or not?
3. Whether the Judgment and decree of the First
01.03.2024 appellate court and trial court are vitiated in
drawing adverse inference against the
Appellant/Defendant for not taking steps to
send the Suit Promissory note to the Hand
writing expert to disprove Exs.A1 & A2 though
the evidence let in by the Plaintiff in proof of
Ex.A1 & A2 are far from reality and not
inspiring confidence?
4. Whether the judgment of the first appellate
court in confirming the decree and judgment of
the trial court is vitiated without considering
the fact that the suit is barred by limitation?
5. Whether the judgment of the first appellate
court is right in confirming the judgment and
decree of the trial court by extracting the
version of the trial court without considering
the material available on record
independently?
6. Whether the judgment of first appellate is
right in shifting the burden on the
appellant/defendant though the
respondent/plaintiff failed to place cogent
evidence to discharge the initial burden in
proof of Ex.A1 Suit promissory note that there
is a consideration, except the self-serving
testimony of himself as P.W.1?
7. The appellant herein reserves the right to raise
additional substantial question of law and
subsequent stages in the second appeal."
Admit.
Notice to the respondent/plaintiff.
The learned counsel for the petitioner is
permitted to take out personal service of notice to the
respondent/plaintiff through registered post with
acknowledgment due and file proof thereof.
_________________
B.S.BHANUMATHI,J
NSM
