(1.) Appellant lays challenge to the judgment and order dtd. 15/11/2012 passed by the High Court of Andhra Pradesh at Hyderabad in S.A. No.1459 of 2005 titled "Pagadala Bharathi & Anr. vs.J.Radha Krishna ".
(2.) Indisputably, the High Court reversed the concurrent findings of fact recorded by the Trial Court as affirmed by the appellate court. In an appeal (RSA No.1459 of 2005 preferred by the respondent herein) the High Court framed the following substantial questions of law:-
(3.) The High Court answered the questions in the affirmative, in favour of the respondents herein. During the course of the hearing it is fairly stated that primarily it is question no.1 which requires consideration by this Court.