(Appeal under Section 100 of C.P.C., against the decree in AS No. 74 of 2004 dated 25-01-2005 on the file of the Court of I Additional District Judge, Vizianagaram. Preferred against the decree in OS No. 149 of 1995 dated 03-09-2004 on the file of the Court of junior Civil Judge, Gajapathinagaram.)

This Court on 1.4.2005 made the following order:

“Admit, in view of substantial question of law raised in ground No. 9(a) and 9(b) of the Memorandum of grounds of appeal. In S.A.M.P. no. 744 of 2005 interim stay had been granted.”

2. S.A.M.P. No. 1417 of 2008 is filed to vacate the interim stay granted by this Court. While the vacate application is coming up for hearing, the counsel on record Ms. Umadevi representing Sri G. Rama Gopal, learned Counsel for the appellant and Sri K.K. Kanakaraju, learned counsel representing the respondent made a request for final disposal of the second appeal itself. Hence the second appeal itself was finally heard by this Court at the request of the counsel on record.

3. The substantial questions of law on the strength of which the second appeal had been admitted specified supra are as hereunder:

“(a) Whether the judgment of the appellant Cou