Andhra Pradesh High Court - Amravati
T A Khaja Hussain vs C Irshad Basha Nizami on 19 July, 2021
HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE: SECOND APPEAL No.234 of 2021
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
4. 19.7.2021 MVR,J
Second Appeal No.234 of 2021
Heard Sri Srinivasa Rao Pappu, learned
counsel for the appellant. Considering the decrees
and judgments of the trial Court as well as the first
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appellate Court since the following substantial
questions of law arise for determination in this
second appeal, Admit:
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1. Whether the lower appellate Court erred in not
considering the additional evidence placed
before it and erroneously denied opportunity to
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the plaintiffs to place all their contentions
during pendency of the appeal by allowing
them by making necessary amendment to their
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pleadings in view of the ignorance as
contended by the plaintiffs?
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2. Whether Ex.B.1 Settlement deed which was
construed as Will but not as Settlement deed
by the lower Court can be negative by the
lower appellate Court without there being any
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cross-objections etc., by the plaintiffs-
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respondents?
Issue notice to the respondents to submit arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman PPDD Tirukkoil vs. Tamilarasi (dead) by LRs., Air 2019 SC 3027 followed).
List during the 1st week of October 2021.
________ MVR,J I.A.No.4 of 2021 Heard.
Interim stay of operation of decree in O.S. No.159 of 2005 on the file of the Court of learned Senior Civil Judge, Amalapuram, dated 04.12.2010, as confirmed in A.S. No.3 of 2011 dated 05.1.2019 on the file of the Court of learned Contd...., II Additional District Judge, East Godavari at Amalapuram, until further orders, subject to the appellants depositing the costs awarded by the Courts below, within four weeks from now, and notice.
________ MVR,J I.A.No.3 of 2021 Heard. Since certified copies of the decree and judgment of the trial Court were filed, this petition is closed.
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