Polaki Nagayya vs Moningi Lakshmana Murthy
2021 Latest Caselaw 3251 AP

                                          1

                HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI

MAIN CASE NO.: S.A.No.669 of 2019
                                 PROCEEDING SHEET
Sl.      Date                                ORDER                          OFFICE
                                                                             NOTE
No.
      27.08.2021   MVR,J                                                  L.R.petitio
                                                                            n is not
                                      I.A.No.1 of 2019                     available
                                                                          on record.
                      Heard Sri A.Ravi Shankar, learned counsel for the

                   petitioners/appellants and Sri N.Viswanath, learned

                   counsel for the respondent.

The respondent filed the suit for permanent

injunction against the appellants in relation to wet

land in dispute.

Upon consideration of material, learned trial

Judge dismissed the suit particularly basing on the

admission stated to be in an affidavit marked Ex.B1

at the trial, favouring the appellants.

In the appeal, learned appellate Judge considered

the nature of the land in question and concerned to

the earlier suit as well as the present suit. On

reappraisal, the learned appellate Judge reversed

the decree and judgment of the trial Court and

thereby, the suit for relief of permanent injunction

stood decreed in favour of the respondent.

In this petition, the appellants are requesting

suspension of operation of the decree and judgment

of the appellate Court.

Learned counsel for the petitioners/appellants

contended that under the guise of the decree and

judgment of the appellate Court, the respondent is

interfering with the cultivation of the land in

question and having regard to the questions left open

in this second appeal, which is already admitted

particularly having regard to the effect of Ex.B1, the

interim relief as requested be granted.

Sri N.Viswanath, learned counsel for the

respondent pointing out that the respondent is 82

years old and in view of the appellate Court

decreeing the suit, on reappraisal in the appeal,

after careful examination of material and also the

manner in which Ex.B1, an affdaivit was permitted to

be exhibited at the trial, contended that there is no

necessity to grant interim relief as requested.

Now it is to be determined "whether interim

suspension of the decree and judgment is required

pending disposal of the second appeal?"

The second appeal is already admitted,

considering the substantial questions of law raised by

the petitioners/appellants. Therefore, the matter is

left open for consideration of these questions in this

appeal.

The purpose of granting interim order is to see

that the status of the property on the date of the

suit remained as it was till disposal of this second

appeal.

It is contended by the learned counsel for the

petitioners/appellants that there was no temporary

injunction in favour of the respondent at the trial

stage and that the suit was also dismissed. In such

an event, when the circumstances are such that

there are the questions left open for consideration

despite certain findings recorded by the learned

appellate Judge, in order to see that the property in

question remained as it was on the date of institution

of the suit, it is but necessary that an interim order

be passed. It is in the interest of justice.

There is no necessity to suspend the judgment

itself as such and if operation of the decree of the

appellate Court is stayed, it would meet the ends of

justice. Therefore, finding prima facie material in

favour of the petitioners/appellants in this respect

and also balance of convenience, it is desirable to

grant interim order as stated above.

There shall be interim stay of operation of the

decree in A.S.No.30 of 2015 dated 07.08.2015 on the

file of the Court of learned VI Additional District

Judge, Sompeta, till disposal of the second appeal.

______ MVR,J S.A.No.669 of 2019

List during the 1st week of December, 2021.

______ MVR,J Pab