Andhra Pradesh High Court - Amravati
T. Subbarami Reddy vs Duggandla Rami Reddy Died on 30 November, 2021
Author: M.Venkata Ramana
Bench: M.Venkata Ramana
HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.76 of 2021
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
2 30.11.2021 MVR,J Tr. to I-
S.A.No.76 of 2021 O folder
before
Heard Sri S.Subba Reddy, learned counsel for the correcti
ons if
appellant and Sri K.Vijaya Raju, learned counsel for Sri
any.
P.Ganga Rami Reddy, learned counsel for the contesting Pl.verify
.
respondents.
ADMIT.
The following substantial questions of law arise for determination in the second appeal.
1. Whether the judgments of the Courts below are vitiated in not considering the principle 'Reus excipendo fit actor' means the defendant by his pleadings become plaintiff, and hence the judgments are liable to set aside?
2. Whether the burden of proof in a suit for declaration pales to insignificance after the parties let in evidence, if so, the judgments of the Courts below are vitiated?
3. Whether the non-consideration of admissions made by DW.1, DW.3 and DW.5 vitiates the judgments and if so, the judgments are liable to set aside?
4. Whether the non-consideration of Ex.A3 and Ex.A9 in a proper manner vitiates the judgments of the Courts below and hence, they are liable to be set aside? Notice to the respondents. List during the 1st week of February, 2022 under the caption 'final hearing'.
________ MVR,J I.A.No.1 of 2021 Heard.
There shall be an interim injunction restraining the respondents 10 and 11 from making any construction in plaint 'B' schedule site, until further orders.
Notice.
________ MVR,J Pab