Citation : 2022 Latest Caselaw 5461 AP
Judgement Date : 22 August, 2022
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE NO.: S.A.No.357 of 2022
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
1. 22.08.2022 SRS,J
The appellant has filed O.S.No.501 of 2014 on the
file of the Principal Senior Civil Judge, Srikakulam, for
permanent injunction against the respondents, the trial
court in a consideration of the both parties evidence, has passed the judgment/decree dated 10.12.2019, against which the defendants has filed an appeal in A.S.No.11 of 2020 on file of II Additional District Judge, Srikakulam, the lower appellant court allowed the appeal and dismissed the suit, against which the Second Appeal is filed by the plaintiff.
Admit.
The following substantial questions of law arise for consideration.
Whether the Judgment/ decree of the court below is vitiated ignoring to consider the evidence and affirmatives in proper perspective qua the possession of the plaintiff over the suit schedule property and straightway finding the suit, the judgment/decree vitiated not considering the SLR in accordance in proper perspective.
______ SRS,J
I.A.No.1 of 2022
In the affidavit file in support of petition, it is a file for granting injunction, the injunction granted by the trial court was not suspended and pending the appeal. The appellant is in possession over the schedule property and the injunction granted by the trial court was not suspended pending the appeal as per that the respondents are trying to interfere.
I.A.No.1 of 2022 is order granting injunction restraining the respondents and their henchmen interfering with the appellant over the suit schedule property in O.S.No.501 of 2014 on the file of the Principal Senior Civil Judge, Srikakulam, till the disposal of the Second Appeal.
Issue notice.
Learned counsel for the appellant/s is permitted to take out personal notice to the respondents through RPAD and file proof of service by 19.09.2022.
______ SRS,J BSM
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