Andhra Pradesh High Court - Amravati
Palla Achiyyamma, vs Smt.Kotni Venkata Lakshmi, on 20 January, 2021
Bench: B Krishna Mohan
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA
WEDNESDAY, THE TWENTIETH DAY OF JANUARY.
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
SECOND APPEAL NO: 302 OF 2020
Between:
1. Palla Achiyyamma, W/o Simhachalam, Hindu, Aged about 75 years, R/o
D.No.37-11-117, Pattabhireddy Gardens, Visakhapatnam.
2. Palla Simhachalam (died), Visakhapatnam.
3. Nammi Varalakshmi, W/o Sanyasi Rao, (D/o Simhachalam), Hindu, Aged 55
years, R/o Nr.Umaramalingeswara Alayam, Alluriseetharama Nagar, Burma
Camp, Visakhapatnam.
4. Palla Suri Babu, S/o Simhachalam, Hindu, Aged 35 years, R/o D.No.37-11-
117/1, Pattabhireddy Gardens, Visakhapatnam.
...Appellant/Respondents Defendant 3,4,5,6
AND
1. Smt.Kotni Venkata Lakshmi, W/o Srirama Chandra Murthy, Hindu, Aged 40
years, R/o D.No.37-11-117/2, Pattabhireddy Gardens, Visakhapatnam, Presently
R/o D.No.37-12-1, 38th ward of G. V.M.C, NGGOs Colony, Visakhapatnam.
Respondent/Appellant/Plaintiff
2. Palla Pydi Raju, S/o Simhachalam, Hindu, Aged about 45 years, Private
employee, R/o D.No.36-92-219, Sreenivasa Nagar, Burma Camp,
Visakhapatnam.
3. Palla Sreenivasa Rao, S/o Simhachalam, Hindu, Aged about 40 years, Auto
Driver, R/o D.No.37-11-117, Pattabhireddy Gardens, Visakhapatnam.
...Respondent/Respondents/Defendants 1 & 2
Second Appeal under Section 100 CPC, against the Judgment passed in A.S.No.
92 of 2015 on the file of VII Addl. District Judge, Visakhapatnam, dated 01-10-2020,
reversing the- Decree and Judgment passed in O.S.NO. 652 of 2008, Dt. 22-04-2015,
on the file of | Addl. Junior Civil Judge Court, Visakhapatnam.
IA. No. 1 of 2020: Petition under Section 151 of CPC, praying that in the circumstances
stated in the affidavit filed herein, the High Court may be pleased to suspend the
operation of the decree and judgment dated 01-10-2020 in AS. No. 92 of 2015 on the
file of XII Additional District Judge, FAC VII Additional District Judge, VSP, as otherwise
petitioner will be put to irreparable loss and inconvenience, pending disposal of SA. No.
302 of 2020 on the file of High Court.
The Petition coming on for hearing, upon perusing the petition and memorandum
of grounds filed herein and Order of High Court dated 29-12-2020 made herein and
upon hearing the arguments of Sri M Radhakrishna, Advocate for the Petitioner, and Sri
M. Venkata Ramana Reddy, Advocate for Respondent Nos 2 and 3, the Court made the
following
ORDER:
Heard the learned counsels for the appellants and the 1" respondent.
Sri M. Venkata Ramana Reddy, takes Notice for the Respondents No.2 and 3.
The suit is filed for grant of permanent injunction against the defendants in
O.S.No.652 of 2008 on the file of the Court of I-Additional Junior Civil Judge,
Visakhapatnam. After considering the case on merits, the trail Court dismissed the suit
vide Judgment and Decree, dated 22.04.2015 coming to a conclusion that the plaintiff could
not establish the possession over the suit schedule property.
_ eRe neem mene cu
Aggrieved by the same, the plaintiff preferred First Appeal in A.S.No.92 of 2015 on
the file of XII Additional District Judge. Visakhapatnam and upon hearing of the same on
merits, the lower appellate Court allowed the, same vide Judgment and Decree, dated
01.10.2020 reversing the finding of the trial Court with respect to the possession of the
plaintiff/appellant before it. Assailing the same of the reversing Judgment, the defendants
came in Second Appeal before this Court seeking indulgence on the ground of perversity of
the finding of the lower appellate Court.
On perusal of the Judgments of the Court below and material available on record,
the substantial question of law that may arise for consideration before this Court is :
"Whether the appreciation of evidence and finding of the lower appellate Court is
perverse ?"
For the above said ground the Second Appeal is hereby admitted.
The parties are directed to maintain an Order of status-quo with respect to the suit
schedule property as on today pending further orders in the Second Appeal. The parties
can file their counters within four (4) weeks from today.
Sd/- M. Suryanadha Reddy
ASSISTANT,REGISTRAR
ITTRUE COPYI/ Ar.
For ASSISTANT REGISTRAR
To,
The | Addl. Junior Civil Judge, Visakhapatnam.
The XI! Addl. District Judge, FAC VII Additional District Judge, Visakhapatnam.
One CC to Sri. M Radhakrishna, Advocate [OPUC]
One CC to Sri M. Venkata Ramana Reddy, Advocate
One spare copy.
akwon>-
sSkm
HIGH COURT
BKM,J
DATED: 20-01-2021
ORDER
SA.No.302 of 2020
STATUS QUO
29 Janene"
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