Sugali D Venkateswara Naik vs Gundu Venkata Swamy And Another
2021 Latest Caselaw 3320 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI
MAIN CASE NO.: S.A.No.250 of 2021
                                         PROCEEDING SHEET
Sl.      Date                                     ORDER                                    OFFICE
No.                                                                                         NOTE
6.    02.09.2021   MVR,J                                                                   Tr. to I-
                                                                                           O folder
                                           S.A.No.250 of 2021                               before
                                                                                           correcti
                                                                                            ons if
                      Heard Sri P.Gangarami Reddy, learned counsel for the                   any.
                                                                                           Pl.verify
                   appellant and Sri Harish Kumar Rasineni, learned counsel for                .
                   the respondents.

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 findings of the Courts below on facts are contrary to the evidence on record and are perverse and judgment and decree of the Courts below are vitiated by non-consideration of Ex.A1 to Ex.A4 and oral evidence of PW.1 to PW.3?

2. Whether the suit for permanent injunction without seeking declaration of title to protect the possession and enjoyment of the appellant in respect of suit schedule property is maintainable when there was no denial of title of the plaintiff and the conclusion of the lower appellate court that suit for bare injunction without seeking declaration of title not mandible is legal and valid? Issue notice to the respondents.

List the matter during the 1st week of December, 2021.

______ MVR,J Pab