Andhra Pradesh High Court - Amravati
Majeti Nageswara Sharma vs Chivukula Kanakamma Died By L.R. on 16 February, 2021
Bench: B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE SIXTEENTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY -
: PRESENT : Y
THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN
Between :-
f
\,
SECOND APPEAL No. 168 of 2020 ¥
Majeti Nageswara Sharma, S/o. Subba Ramaiah. %
. Appellant/ Defendant. oN |
AND
4.Chivukula Kanakamma (Died) by L.R.
2.Chivukula Durga Prasad, S/o. late Venkata Subba Rao, Purohitam,
Back side of Mukkonam Park, D.No.6-1-29A, Bapatla.
_.Respondents/ Plaintiffs.
3.Kadiyam Srinu, S/o. Subba Rao, Residetn of Kadavakuduru Village,
Chinnaganjam Mandla.
(3° respondent not necessary party)
| _., Respondent/1** Respondent/ 1** Defendant.
Second Appeal filed under Section 100 of C.P.C, against the Judgment
and Decree dated 16-11-2019, made in A.S.NO. 31 of 2012 on the file of Senior
Civil Judge's Court, Chirala, reversing the Judgment and Decree, dated
29.10.2012, made in 0.S.No. 378 of 2008 on the file of the Junior Civil Judge's
Court, Chirala.
|.A.No. 2 of 2020 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the memorandum of grounds filed in support of the Second Appeal, the High
Court may be pleased to suspend te operation of the Decree and Judgment
dated 16-11-2019, passed in A.S.No. 31 of 2012 on the file of Senior Civil
Judge's Court at Chirala, pending disposal of SA No. 168 of 2020, on the file of
the High Court.
The Appeal coming on for hearing, upon perusing the Petition and Memo
of Grounds filed therein and upon hearing the arguments of Sri T.V.P. Sai
Vihari, Advocate for the Appellant, the Court made the following
ORDER :-
"This Second Appeal arises against the judgment and decree in
A.S.No.31 of 2012 on the file of the Senior Civil Judge, Chirala, dated
16.11.2019, reversing the judgment and decree in 0.S.No.373 of 2008 on
the file of the Principal Junior Civil Judge, Chirala dated 29.12.2012.
The appellant herein is the respondent No.2 in the first appeal and
the defendant No.2 in the suit. The respondent No.2 herein is the
appellant in the first appeal and the plaintiff in the suit.
The plaintiff initiated an action in 0.S.No.373 of 2008 on the file of
the Principal Junior Civil Judge, Chirala, seeking permanent injunction with
respect to the plaint schedule property to an extent of Ac.0.76 cents
against the defendants restraining them from interfering with their peaceful
possession and enjoyment. Upon hearing the matter on contest, the trial
Court dismissed the suit vide its judgment, dated 29.12.2012. Aggrieved by
the same, the plaintiff preferred the first appeal in A.S.No.31 of 2012 on
the file of the Senior Civil Judge, Chirala and upon consideration of the
matter on merits, the same was allowed granting relief of permanent
injunction wherein the defendant No.2 claimed possession with respect to
the Ac.0.52 cents of the land of the same schedule property. Assailing the
judgment of the lower appellate Court, the defendant No.2 filed this Second
Appeal with the following substantial question of law to be considered:
Contd...2..
- 2 -
"Whether the appreciation and finding of the lower appellate Court
is perverse in granting relief of permanent injunction with respect to the
Ac.0.52 cents of the portion of the plaint schedule property in which the
defendant No.2 said to have been in possession by allowing the appeal
setting aside the judgment and decree of the trial Court?"
Heard the learned counsel for the appellant.
inspite of service of notice, there is no representation for the
respondent No.2 herein, who is the contesting party in this case.
in view of the reasons stated above, the appeal is admitted and there
shall be an order of status quo to be maintained as on today with respect to
an extent of Ac.0.52 cents of the plaint schedule property as claimed by the
appellant/defendant No.2 until further orders.
The appellant's counsel is hereby directed to take out fresh notice to
the respondent No.2 and file proof of service within three (3) weeks from
today.
The appeal is to be listed for final hearing immediately after Summer
Vacation, 2021."
AL
sq/-K.TataRao ;
ASSISTANT REGISTRAR
// TRUE COPY // :
SECTION OFFICER
To
1.The Senior Civil Judge, Chirala, Prakasam District.
2.The Principal Junior Civil Judge, Chirala, Prakasam District.
3.Chivukula Durga Prasad, S/o.-tate Venkata Subba Rao, Purohitam,
Back side of Mukkonam Park, D.No.6-1-29A, Bapatla,Guntur District.(By RPAD)
4.One CC to Sri T.V.P. Sai Vihari, Advocate(OPUC)
5.One spare copy.
TKK
HIGH COURT
BKM.J
DATED: 16-02-2021
ORDER
S.A.No. 168 of 2020
STATUS QUO
