Ramathota Seetham Naidu, vs Kolusu Ramana,
2021 Latest Caselaw 1087 AP

       HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

                      SECOND APPEAL No.50 of 2021


JUDGMENT:

The Second Appeal arises against the Judgment and

decree in A.S.No.31 of 2017 on the file of Principal District

Judge, Vizianagaram dated 15.06.2019 confirming the

Judgment and decree in O.S.No.18 of 2013 on the file of Senior

Civil Judge, Parvatipuram, dated 21.12.2016.

The appellant herein is the appellant in the lower

appellate Court and the defendant in the suit. The respondents

herein are the respondents in the lower appellate Court and the

plaintiffs in the suit.

The plaintiff initiated action in O.S.No.18 of 2013 on the

file of Senior Civil Judge, Parvathipuram seeking for grant of

permanent injunction restraining the defendant and his men

from ever interfering with the peaceful possession and

enjoyment of the suit schedule property. Upon contesting of the

matter, the suit was allowed vide its Judgment dated

21.12.2016 granting permanent injunction restraining the

defendant from interfering with the peaceful possession and

enjoyment of the plaint schedule property. Aggrieved by the

same the defendant preferred an appeal in A.S.No.31 of 2007 on

the file of Principal District Judge, Vizianagaram and

considering the case on merits, the lower appellate Court came

to the conclusion that the plaintiffs could prove the possession

and enjoyment of the schedule properties, the trial Court dealt

with the evidence properly and arrived at just conclusion and

rightly decreed the suit, and dismissed the appeal the vide its

Judgment dated 15.06.2019. Assailing the same, the defendant

preferred this Second Appeal raising certain grounds as

substantial questions of law.

Upon perusal of the lower Courts Judgments and decrees

and the material available on record, this Court does not see

any merit in entertaining the 2nd appeal as the appellant herein

failed to establish any substantial question of law.

Accordingly, the Second Appeal is dismissed. No order as

to costs.

Consequently miscellaneous applications pending, if any,

shall also stand closed.

________________________ B. KRISHNA MOHAN, J 23.02.2021 TM

HONOURABLE SRI JUSTICE B. KRISHNA MOHAN

Second Appeal No.50 of 2021

Dated: 23.02.2021

TM