DPC - 9 Civil Appeal

Download as pdf or txt
Download as pdf or txt
You are on page 1of 6

MEMORANDUM OF APPEAL

(UNDER SECTION 96 OF CPC)

IN THE HIGH COURT OF JUDICATURE AT ANDHRA PRADESH

CIVIL APPELATE JURISDICTION

FIRST APPEAL NO. OF 2020

Mahes G,

S/o krishna G

Aged 47 years,

R/o House No. 39, Gandhi Nagar,

Kadapa. ………..Appellant

-Vs-

Subba Rao,

S/o , Sundar Rao

Aged 45 years.

R/o House No. 77, OMR Road,

Kadapa. ……..Respondent

(Appeal against the judgement and decree passed by the Civil Judge, senior
division, Andhra Pradesh on 1-09-2020) in Suit No. 15 of 2013.
The Hon’ble Chief Justice,

And companion or and other respected Judges of High Court.

The Appellant, most respectfully, humbly, request that:

1. That the respondent has filed the Suit No. 15 of 2013 in the court of civil
judge, senior division, Chennai against the appellant for the recovery of
Rs. 1 lakh which sum the appellant allegedly owed to the respondent
against a sale of immovable property by a sale-deed executed by the
appellant in favour of the respondent.
2. The learned judge heard the said suit and passed a decree of Rs. 1.5 lakh
against the appellant on 01-08-2020.
3. The appellant being aggrieved by the said decree and judgment prefers
this appeal on the following amongst other grounds:
(i) That the learned judge erred in holding that the sale-deed was
legally valid.
(ii) That the sale-deed was invalid and hence not enforceable
against the appellant.
(iii) That no property was passed from the respondent to the
appellant under the sale-deed.
(iv) That the handwriting expert was not called in spite of the
repeated requests from the appellant.
(v) That the decision of the trail court is against justice, equity and
goof conscience and hence not sustainable.
4. The appellant has not filed any other appeal prior to this in the Hon’ble
Court.

It is, therefore. Humbly plaid that this honourable court may be pleased to
allow the appeal and set aside the decree and the judgement of the court of
the Civil Judge, Senior Division, kadapa, 1st of August, 2020 in the suit No.
15 of 2013.

Any other order which may be deemed fit in the interest of justice, may be in

past in favour of appellant.

PLACE: Kadapa

DATE: 22-09-2024 COUNSEL FOR APPELLANT

GROUNDS:

The learned judge erred in holding that the sale-deed was legally valid.

That the sale-deed was invalid and hence not enforceable against the appellant.

No property was passed from the respondent to the appellant under sale-deed.

The handwriting expert was not called in spite of the repeated requests from the
appellant.

The decisions of the trail court is against justice, equity, and good conscience
and hence not sustainable.

PRAYER:

It is therefore, humbly prayed that this honourable court may be pleased to


allow the appeal and set aside the decree and the judgment of the court of the
Civil Judge, Senior Division, Kadapa, 1st of August, 2020 in Suit No. 15 of
2013.

Any other order which may be deemed fit in the interest of justice, may be
passed in favour of the appellant.
VERIFICATION:

I, Mahesh G, do hereby verify and declare that the contents of the above
memorandum of appeal are true to the best of my knowledge and belief.

PLACE: KADAPA

DATE: 22-09-2024 MAHESH G


IN THE HIGH COURT OF JUDICATURE AT ANDHRA PRADESH

CIVIL APPELATE JURISDICTION

FIRST APPEAL NO. OF 2020

Mahes G,

S/o krishna G

Aged 47 years,

R/o House No. 39, Gandhi Nagar,

Kadapa. ………..Appellant

-Vs-

Subba Rao,

S/o , Sundar Rao

Aged 45 years.

R/o House No. 77, OMR Road,

Kadapa. ……..Respondent

AFFIDAVIT

I, MAHESH G, DO HEREBY SOLEMNLY AFFIRM AND


DECLARE THAT,

I AM THE APPELLANT IN THE ABOVE:

MENTIONED APPEAL.

THE CONTENTS OF THE MEMORANDUM OF APPPEAL FILED


BY ME ARE TRUE TO THE BEST OF MY KNWOLEDGE AND BELIEF.
I HAVE NOT FILEF ANY OTHER APPEAL PRIOR TO THIS IN THE
HOB’BLE COURT.

I DECLARE THAT THE ABOVE STATEMENTS ARE TRUE TO THE BEST


OF MY KNOWLEDGE AND BELIEF.

PLACE: KADAPA

DATE: 22-09-2024 COUNSEL FOR APPELLANT

You might also like