Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K.KRUPA SAGAR
Mikkilineni Venkateswara Rao – Appellant
Versus
Thummala Rambabu – Respondent
JUDGMENT :
V.R.K. KRUPA SAGAR, J.
Original plaintiff in O.S.No.355 of 1995 was Dr. Mikkilineni Venkateswara Rao. During pendency of the suit before learned I Additional Senior Civil Judge, Vijayawada he died. His wife and children were brought on record as plaintiff Nos.2 to 5. The present appeal under Section 96 of C.P.C. is filed by the plaintiffs impugning the judgment dated 26.10.2009 of learned I Additional Senior Civil Judge, Vijayawada in O.S.No.355 of 1995. The sole defendant in the suit is the sole respondent herein.
2. Meticulous and elaborate arguments were advanced on behalf of the appellants by Sri Kanakamedala Ravindra Kumar, the learned Senior Counsel. For respondent, Sri Venkateswara Rao Gudapati, the learned counsel submitted effective reply arguments.
3. A brief note of respective contentions is filed by both sides. Precedent is cited by both sides.
4. The original plaintiff Dr. Mikkilineni Venkateswara Rao is brother-in-law of Sri Thummala Chittaranjandas. The defendant in the suit Sri Thummala Rambabu is the son of Sri Thummala Chittaranjandas. Thus, both parties are closely related to each other. As a matter of fact, it has never been disputed by both sides that und
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
The court held that a suit for declaration of ownership of property is not barred by Section 34 of the Specific Relief Act, 1963, if the plaintiff is able to prove that he/she was not dispossessed of....
The main legal point established in the judgment is the requirement to prove the execution of a Power of Attorney and the validity of sale deeds, as well as the consideration of the issue of limitati....
(1) [By Hon'ble Justice M.R. Shah]]Title Declaratory Suit – When plaintiffs claimed title on the basis of two sale deeds, it was for plaintiffs to prove even execution of sale deeds – Defendants were....
The burden of proof lies on the party asserting facts, with claims of forgery regarding a registered power of attorney necessitating all relevant parties to be joined to the suit for effective adjudi....
A minor can be a transferee of property, and a sale deed executed in their favor is valid despite their incapacity to contract.
The main legal point established in the judgment is that sale deeds executed in violation of an injunction order are void, and the doctrine of lis pendens applies to such transactions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
