Udatha Gangamma, vs Bodduboina Jambullanna,
2021 Latest Caselaw 2929 AP

              HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

   MAIN CASE: SECOND APPEAL No.392 of 2021

                              PROCEEDING SHEET

 SL.                                                                OFFICE
       DATE                         ORDER
 No.                                                                 NOTE

HCJ
 1. &06.8.2021
      RSR, J   MVR, J
                            Second Appeal No.392 of 2021

                       Heard Sri V.Nageswara Rao, learned
                counsel for the appellant. Considering the
                decrees and judgments of the trial Court as
                well as the first appellate Court since the
                following substantial questions of law arise for
                determination in this second appeal, Admit:

                 1. Whether the burden of proof in a suit for
                    permanent injunction is properly placed
                    and appreciated by the appellate Court?

                 2. Whether the judgment of the appellate
                    Court is vitiated in failing to follow Order
                    XLI Rule 31 of C.P.C., in framing
                    appropriate points for determination?

                      Issue notice to the respondent to submit

arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., AIR 2019 SC 3027 followed).

List during the 3rd week of November 2021.

__________ MVR, J I.A.No.1 of 2021 Heard.

In the circumstances, there shall be interim stay of operation of decree in A.S.No.65 of 2018 dated 01.4.2021 on the file of the Court of learned V Additional District Judge, Kurnool at Allagadda until further orders, and notice.

__________ MVR, J Vasu