Bankuru Suryanarayana Suribabu vs Bankuru Pari Naidu
2022 Latest Caselaw 1623 AP

                           HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       S.A.No.164 of 2022
                                PROCEEDING SHEET
Sl.N      Date                           ORDER                           OFFICE
 o.                                                                       NOTE




       06.04.2022 BSB, J

                      Heard learned counsel for the appellant.
                      The suit is filed for declaration of title and
                  delivery of possession of the suit schedule
                  property and for mesne profits for unauthorized
                  use and occupation of the suit schedule property
                  by the defendant and costs.           The suit was
                  decreed. The defendant preferred the appeal
                  but the same was dismissed. Having aggrieved
                  by the same, the defendant preferred the
                  second appeal before this Court on the following
                  substantial questions of law.
                       In this regard, the learned counsel for the
                  appellant submitted that both the Courts below
                  erred    in   making   observations    contrary   to
                  evidence and pleadings on record and has taken
                  this Court to various such aspects on record.
                  They indicate that the questions of law raised
                  by the appellant require herein.
                     a. Whether the court below properly
                        appreciated the evidence on record or not?
                     b. Whether the judgment and decree of
                        appellate court is perverse or not and
                        contrary to the evidence or not?
                     c. Whether the appellate court is justified in
                        dismissing the appeal and decreeing the
                        suit?
                     d. Whether the courts below grossly erred in
                        making observations and findings contrary
                        to the material available in the record?
                     e. Whether the judgment and decree passed,
                        basing on the findings contrary to the
                        material of the record is, valid?
    f. Whether court can give findings and pass
      observations contrary to the material
      available on the record?



        In view of the questions of law raised, it is
a fit case to admit the appeal.
        ADMIT.
        Notice to respondents.

Post on 28.04.2022.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondents through RPAD and file proof thereof.

_________________ B.S.BHANUMATHI,J

I.A.No.1 of 2022

This petition is filed to stay of all further proceedings in pursuance of the decree and judgment passed in A.S.No.20 of 2017 in the court of II Additional District Judge at Parvathipuram confirming the judgment and order passed in O.S.No.1 of 2010 in the court of the Senior Civil Judge at Parvathipuram.

At request of counsel for the petitioner, post on 12.04.2022.

_________________ B.S.BHANUMATHI,J PNV