Gaddam Venkata Ramana vs Emani Lakshmana Murthy
2024 Latest Caselaw 9727 AP

Andhra Pradesh High Court - Amravati

Gaddam Venkata Ramana vs Emani Lakshmana Murthy on 28 October, 2024

   HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

           MAIN CASE No.S.A.No.165 of 2011

                PROCEEDING SHEET

Sl. DATE                          ORDER                     OFFICE
No.                                                          NOTE
11. 28.10.2024 VGKR, J

                    Today when the matter is taken up
              for hearing, learned counsel appearing for
              both sides is present.
                    Having heard the learned counsel
              appearing for both sides, the following
              questions are framed as the Additional
              Substantial questions of law in the present
              second appeal for determination under
              Section 100 of the Code of Civil Procedure
              (for short CPC).
                    I.     Whether the legal effect of
                    recitals/contents    of   document
                    Ex A1 Dt.20.07.1979, infers that
                    it is a 'will deed' as per section
                    2(h) of Indian Succession act but
                    not 'settlement deed'? Vide AIR
                    2006 SC 2234

                    II.    Whether the 1st Appellate
                    Court as being the final Court of
                    fact    has         committed   a
                    jurisdictional error in exercising
                    its power under Order 41 Rule 31
                2



      CPC and erred in reversing the
      decree and judgment of the Trial
      Court?
      Heard        Sri   Prabala   Rajasekhar,
learned counsel representing on behalf of
Sri T.S.N.Murthy, learned counsel for the
appellants and Sri V.S.R.S.Naidu, learned
counsel for the respondents.

'Reserved for Judgment'

_________ VGKR, J SRT