KOTHA SUBBAIAH v. K. KOTESWARA RAO (DIED) THROUGH LRS.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). OF 2024 (@ SLP (C) NO. 20294 OF 2022)

KOTHA SUBBAIAH ...Appellant(s)

Vs.

K. KOTESWARA RAO (DIED) THROUGH LRS. & ORS. ...Respondent(s)

1. Leave granted.

2. This Civil Appeal is against the decision of the High Court of

Andhra Pradesh at Amravati in Second Appeal No. 1514 of 2018 dated

30.12.2021, whereby the High Court has reversed the concurrent

findings of the Trial Court as well as the First Appellate Court in

the suit for specific performance.

3. We need not enter into the merits of the matter for the simple

reason that while exercising the second appellate jurisdiction, the

High Court should have formulated substantial question(s) of law

for determination. As is evident from the judgment of the High

Court, the entire discussion is on the facts of the case and

judgments relate to the scope and ambit of the discretion that a

Court may exercise in a suit for specific performance. The decision

of the High Court does not indicate the question(s) of law that

have arisen for consideration in the second appeal.

4. In this view of the matter, we allow the appeal, set aside the

judgment of the High Court and restore the Second Appeal No. 1514

of 2018 to its original number. The High Court shall formulate the

question(s) of law, hear the parties and dispose of the Second

Appeal as per law. Needles...