S Mohd. Yakub vs S Laxmi Reddy
2021 Latest Caselaw 3537 AP

              HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

    MAIN CASE: Second Appeal No.459 of 2021

                              PROCEEDING SHEET

  SL.                                                                        OFFICE
        DATE                           ORDER
  No.                                                                         NOTE
HCJ & RSR, J    MVR, J
   1. 15.9.2021           Second Appeal No.459 of 2021
                     Heard Sri Y.Koteswara Rao, learned for the
               appellants.
                     Admit.    The    following   are   the   substantial
               questions of law:
                  1) Whether the sub-lessee being in possession can be
                     treated as the lessee himself being in legal
                     possession or settled possession or effective and
                     physical   possession    where     there  was  no
                     authorization of sub-lease by the land owner?

                  2) Whether an order of injunction, relief is one of
                     equity, can be granted when the suit was not filed
                     for specific performance and only suit for injunction
                     simplicitor was filed, that too 15 years after the
                     alleged agreement of sale was executed and also
                     when the plaintiff claims to have come into
                     possession on the basis of the sale agreement-
                     Ex.A.1 itself, without going into the genuineness or
                     otherwise of the sale agreement-Ex.A.1, even
                     incidentally or prima facie?

                     Issue notice to the respondent to submit

arguments in respect of the above substantial questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., AIR 2019 SC 3027 followed).

List during the 3rd week of December, 2021.

__________ MVR, J I.A. No.1 of 2021 Heard. There shall be interim stay of operation of the decree dated 17.2.2014 in O.S.No.1338 of 2007 on the file of the Court of learned Judicial Magistrate of First Class (Special Mobile Court), Kurnool, confirmed by the decree and judgment dated 21.4.2020 in A.S.No.5 of 2014 on the file of the Curt of learned I Additional District Judge, Kurnool, until further orders, and notice.

__________ MVR, J vasu