Thummalapalli Swarnalatha vs Vadrevu Choultry
2021 Latest Caselaw 2655 AP

Citation : 2021 Latest Caselaw 2655 AP
Judgement Date : 27 July, 2021

Andhra Pradesh High Court - Amravati

Thummalapalli Swarnalatha vs Vadrevu Choultry on 27 July, 2021

Bench: M.Venkata Ramana

                       HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.34 of 2017
                                              PROCEEDING SHEET

Sl.       Date                                         ORDER                                  OFFICE
No.                                                                                            NOTE
30.    27.07.2021   MVR,J                                                                    Tr. to I-O
                                                                                               folder
                                                 S.A.No.34 of 2017                            before
                                                                                             correctio
                                                                                             ns if any.
                            Heard Sri P.Rajesh Babu, learned counsel for the appellant
                                                                                             Pl.verify.
                    and Sri T.V.S.Prabhakara Rao, learned counsel for the 1st
                    respondent.

Upon consideration of the decrees and judgments of the trial Court as well as the 1st appellate Court, since the following substantial questions of law arise for determination in the second appeal, ADMIT.

1. Whether the plaintiff can file a suit for mandatory injunction without seeking for a declaration to remove encroachment by the 1st defendant in a public land and without seeking any direction against the 2nd respondent when the property is vested with it?

2. Whether the plaintiff can file a suit in a private capacity when the dispute is with regard to the encroachment in a public lane?

3. Whether the suit is maintainable without being filed under Section 91 C.P.C?

Issue notice to the respondents to submit arguments in respect of above substantial questions of law(Arulmighu Nellukadai Mariamman Tirukkoil v. Tamilarasi(dead) by Lrs. (AIR 2019 SC 3027) followed).

List the matter during the first week of September, 2021 along with I.A.

______ MVR,J Pab