2008 (7) TMI 1098

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.... follows: The appellant-plaintiff filed O.S. No.78 of 1990 before the Sub-Court, Ramachandrapuram, East Godavari District, Andhra Pradesh against the respondent-defendant. The Trial Court by the judgment and order dated 27.06.1995 held that the plaintiffs are the owners of the schedule property and they being the owners of the schedule property are entitled to possession. Aggrieved by the judgment and decree of the Trial court, the respondent-defendant preferred an appeal in the Court of Additional District Judge, Rajahmundry, East Godavari District. By judgment and order dated 14.06.2001, the first appellate court confirmed the Trial Court's judgment. The respondent-defendant preferred a second appeal under Section 100 C.P.C. before ....

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....olved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question. 5. A perusal of the impugned judgment passed by the High Court does not show that any substantial question of law has been formulated or that the second appeal was heard on the question, if any, so formulated. That being so, the judgmen....