Andhra Pradesh High Court - Amravati
Busanaboina Lakshmi Perantalu vs Nandigama Adi Lakshmi on 27 February, 2026
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
1
APHC010054022026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3163]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
SECOND APPEAL NO: 179/2026
Between:
1. BUSANABOINA LAKSHMI PERANTALU, W/O RAM BABU, HINDU
AGED ABOUT 48 YEARS. RESIDENT OF D NO. 1-54, DODDIPATLA,
SEETHANNAPALLI VILLAGE, KAIKALURU MANDAL, KRISHNA
DISTRICT.
...APPELLANT
AND
1. NANDIGAMA ADI LAKSHMI, W/O PURNACHANDRA RAO, HINDU,
A/A 74 YEARS, R/O D.NO. 1-79/1, GOPAVARAM VILLAGE,
MUSUNURU MANDAL, PRESENTLY ELURU DISTRICT.
..RESPONDENT/RESPONDENT/PLAINTIFF
2. SURAPANENI VENKATA NAGA MANI, W/O VIJAY KUMAR, HINDU,
A/A 55 YEARS, R/O MARLAPALEM VILLAGE, CHATRAI MANDAL,
ELURU DISTRICT.
...RESPONDENT(S):
Appeal under section ___________ against ordersThe above appellants
beg to present this memorandum of grounds of Second Appeal being
aggrieved by the Decree and Judgement Dt.29-01-2026 in A.S 63/2024 on
the file of XI Addl. District Judge Court at Gudiwada by Confirnning the
Decree and Judgement Dt.14-10-2024 in O.S.No.59/2018, on the file of Civil
Judge (Senior Division) Court, Kaikaluru, for the following among other
grounds.
IA NO: 1 OF 2026
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Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to dispense with filling of certified copy of decree and judgment in
O.S.No.59/2018 and receive main second appeal on file, in the interest of
justice and pass
IA NO: 2 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to grant Stay of all further proceedings of EP 01/2025 in OS 59/2018
of the file of Civil Judge (Senior Division) Court Kaikaluru till disposal of the
second appeal in the interest of justice.
Counsel for the Appellant:
1. KRISHNA MURTHY SUNKARA
Counsel for the Respondent(S):
1.
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The Court made the following:
JUDGMENT:
Heard learned counsel for the appellant.
2. The suit was filed for declaration of title and for recovery of possession on the basis of a registered gift deed executed in favour of the plaintiff by the original owner of the property in question. It was subsequently unilaterally cancelled by the executant without the knowledge of the plaintiff. Therefore, she has filed the suit for declaration of her title and for recovery of possession. The suit was decreed by the trial Court. The Court held that unilateral cancellation of a conditional gift is not valid under law and the gift in favour of the plaintiff holds good and thereby declared her title to the property and ordered for recovery of possession. The said judgment was challenged by the defendants before the first appellate Court. The first appellate Court concurred with the findings of the trial Court and dismissed the appeal. Thus, concurrent findings are recorded against the defendants by both the fact finding Courts answering the legal aspects involved in the suit correctly. Therefore, no question of law is involved in the second appeal, much less any such substantial question of law is made out to admit the appeal for hearing.
3. Therefore, the Second Appeal is dismissed at the admission stage. There shall be no order as to costs.
Pending applications, if any, shall stand closed.
___________________________________ CHEEKATI MANAVENDRANATH ROY, J.
Date: 27.02.2026 ARR 4 147 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY SECOND APPEAL NO: 179/2026 Date: 27.02.2026 ARR