Vemula Lakshminarayana vs Bolisetty Raja Shivaji Died

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(AP) 819

V. R. K. KRUPA SAGAR
Vemula Lakshminarayana – Appellant
Versus
Bolisetty Raja Shivaji Died – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Krishna Mohan Sikharam.
For the Respondent: Ghantasala Udaya Bhaskar.

JUDGMENT :

V.R.K. KRUPA SAGAR, J.

1. Original plaintiffs in O.S. No. 73 of 1994 preferred this appeal under section 100 CPC impugning the reversing judgment of learned Senior Civil Judge, Bapatla in A.S. No. 91 of 1997. The original sole defendant in O.S. No. 73 of 1994 is respondent No. 1. During the pendency of the appeal, he died and respondent Nos. 2 to 6 were brought on record as his legal representatives. Appellant No. 2 also died during the pendency of this appeal and therefore appellant Nos. 3 to 5 came on record as his legal representatives. A learned Judge of this court on 12.01.2002 admitted the second appeal on formulating the following substantial questions of law:

1. Whether the lower appellate court is entitled to disbelieve the decree passed in 1927 in favour of the appellants without assigning any valid reason?

2. Whether is it proper for a lower appellate court to overlook the categorical finding of the trial court that Ex.A1 is tallying with the plaint plan boundaries and the appellants established their possession over the suit schedule property and reversed this finding without any cogent reasons?

2. Sri Krishna Mohan Sikharam, the learned counsel for appellants and