Smt.Padmavathi Soma Padmavathi vs Peta Bala Swamy
2022 Latest Caselaw 1928 AP

                           HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       S.A.No.151 of 2022
                                PROCEEDING SHEET
Sl.N      Date                          ORDER                           OFFICE
 o.                                                                      NOTE




       21.04.2022 BSB, J
                      Heard the learned counsel for the appellant.
                      The suit is filed for permanent injunction
                  was decreed against D-1 and D-2, whereas the
                  defendants preferred appeal and the same was
                  allowed. Having aggrieved by the judgment in
                  the appeal, the appeal before this Court is
                  preferred by the plaintiff on the following
                  substantial questions of law are raised.
                     1) Whether the courts below cannot looking
                        to the title deed incidentally for coming to
                        conclusion the possession of parties over
                        the suit schedule property.
                     2) When the title is established supported by
                        Sisthu receipts, Whether the court below
                        cannot granted permanent injunction on
                        the ground of both parties did not establish
                        the possession of the party over the suit
                        schedule property.
                     3) When the oral evidence and documentary
                        evidence supported the title of the Plaintiff
                        and whether the court cannot grant
                        permanent injunction in favour of the
                        Plaintiff as prayed for, when the Defendant
                        failed to establish the possession of title
                        over the suit schedule property.
                     4) Whether the Lower Appellate Court can
                        reversing the judgment of the Trial Court
                        without framing issues.


                        In view thereof, it is a fit case to admit
                  the appeal.
                       ADMIT.
                       Notice to respondents.

Post on 21.06.2022.

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 grant temporary injunction restraining the respondents and their men from interfering with the petition schedule property disposal of the second appeal and stating that pending disposal of the appeal before the first appellate court the permanent injunction granted by the trail Court was in force.

Notice to respondent.

Post on 29.04.2022.

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

Till then, the respondents are directed to maintain status quo as on today.

_________________ B.S.BHANUMATHI,J PNV