Botcha Suri Babu vs Smt. Pothina Kameswari
2022 Latest Caselaw 4972 AP

             HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                      MAIN CASE NO.: S.A.No.327 of 2022
                               PROCEEDING SHEET
Sl.   Date                               ORDER                                  OFFICE
No.                                                                              NOTE


              SRS,J
                                   S.A.No.327 of 2022

                    Defendant No.1 filed the present second appeal against
              the judgment and decree, dated 09.03.2022 passed in
              A.S.No.131 of 2019 on the file of learned I Additional District
              Judge, Srikakulam, confirming the judgment and decree,
              dated 04.01.2019 passed in O.S.No.209 of 2013 on the file of
              learned Principal Junior Civil Judge, Srikakulam.

                    Respondent No.1 herein being the plaintiff filed

O.S.No.209 of 2013 against the appellant and respondent Nos.2 and 3 seeking permanent injunction.

Respondent No.1/plaintiff pleaded purchase of property under Ex.A1/registered sale deed, dated 14.07.2011.

The appellant/defendant No.1 filed written statement and contended that plaint schedule property was settled in his favour under Ex.B1/registered settlement deed, dated 27.11.1974. It was also contended that the alienation made by his wife and sons in respect of the property which fell to the share of the appellant/defendant No.1, by virtue of settlement, does not bind appellant/defendant No.1.

Neither the trial Court nor the appellate Court considered the fact that Ex.B1/registered settlement deed, dated 27.11.1974. The trial Court decreed the suit for injunction by judgment and decree, dated 04.01.2019 and lower appellate Court confirmed the same by judgment and decree, dated 09.03.2022, against which the present second appeal is filed.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgments of the Courts below are vitiated in not considering the claim of the appellant qua registered settlement deed under Ex.B1?

2. Whether injunction be granted against co-owner?

______ SRS,J I.A.No.1 of 2022

Issue notice to respondents.

Learned counsel for the petitioner/appellant is permitted to take out personal notice on respondents through RPAD and file proof of service within four weeks.

Post on 02.09.2022.

______ SRS,J ikn