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Second Appeal Dismissal Grounds
Summary
A second appeal in the Andhra Pradesh High Court requires a substantial question of law to be admitted. If such a question is absent, the appeal may be dismissed. The lower and appellate courts judgments favoring the respondent can be used as grounds for dismissal. Additionally, the Transfer of Property Act Section 106 does not apply to licensees, and the appellants failure to file cross-objections or appeals weakens their case. A petition can be drafted to request dismissal at the admission stage based on these points. Consulting a lawyer for personalized guidance is advisable.Full Conversation
Here's a sample of the grounds petition:
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IN THE HIGH COURT OF ANDHRA PRADESH
SECOND APPEAL NO. _____ OF *
Between:
[Name of Respondent],
Respondent
And
[Name of Appellant],
Appellant
[Name of Respondent],
Respondent
And
[Name of Appellant],
Appellant
GROUNDS OF DISMISSAL PETITION
*. Absence of Substantial Question of Law:
- As per Section * of the Code of Civil Procedure, *, a second appeal shall be entertained only if it involves a substantial question of law.
- The appellant has failed to demonstrate any substantial question of law.
*. Findings of Lower Courts:
- The findings of both the Trial Court and the Appellate Court were in favor of the respondent, affirming the respondent's title and dismissing the licensee claim of the appellants.
- The Appellate Court upheld the judgment of the Trial Court, confirming that the appellants are licensees.
*. Non-Application of TP Act Section *:
- The courts have established that the appellants are licensees and not tenants, hence Section * of the Transfer of PropertyAct does not apply.
*. No Cross Objections or Appeals:
- The appellants did not file any cross-objections or cross-appeals, which further weakens their position.
*. Absence of Substantial Question of Law:
- As per Section * of the Code of Civil Procedure, *, a second appeal shall be entertained only if it involves a substantial question of law.
- The appellant has failed to demonstrate any substantial question of law.
*. Findings of Lower Courts:
- The findings of both the Trial Court and the Appellate Court were in favor of the respondent, affirming the respondent's title and dismissing the licensee claim of the appellants.
- The Appellate Court upheld the judgment of the Trial Court, confirming that the appellants are licensees.
*. Non-Application of TP Act Section *:
- The courts have established that the appellants are licensees and not tenants, hence Section * of the Transfer of PropertyAct does not apply.
*. No Cross Objections or Appeals:
- The appellants did not file any cross-objections or cross-appeals, which further weakens their position.
PRAYER
In light of the above points, it is prayed that this Hon'ble Court dismiss the Second Appeal at the admission stage itself for lacking a substantial question of law.
[Date]
[Signature]
[Name of Respondent's Advocate]
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If you need further assistance, consider consulting a lawyer.
In light of the above points, it is prayed that this Hon'ble Court dismiss the Second Appeal at the admission stage itself for lacking a substantial question of law.
[Date]
[Signature]
[Name of Respondent's Advocate]
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If you need further assistance, consider consulting a lawyer.
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