Chinta Viswananda Prakash vs The Gram Panchayat
2022 Latest Caselaw 5468 AP

               HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.350 of 2022
                                  PROCEEDING SHEET
Sl.     Date                                    ORDER                                   OFFICE
No.                                                                                      NOTE

      22.08.2022   SRS,J
                                          I.A.No.1 of 2022
                         This petition is filed under Section 151 of CPC to
                   condone the delay of 933 days in representing the appeal.

                         Learned counsel for the petitioner seeks permission
                   to withdraw this petition.

                         Permission is accorded.

                         This petition is dismissed as withdrawn.

                                                                             ______
                                                                              SRS,J

                                          I.A.No.3 of 2022
                         This petition is filed under Section 151 of CPC to
                   condone the delay of 933 days in representing the appeal.

                         Heard.

                         For the reasons mentioned in para No.3 of the
                   accompanying affidavit, this petition is ordered and the
                   delay of 930 days stands condoned.

                                                                             ______
                                                                              SRS,J

                                         S.A.No.350 of 2022

                         The   present   second   appeal   is   filed   against   the
                   judgment and decree, dated 05.09.2019 passed in A.S.No.20
                   of 2018 by learned Senior Civil Judge, Razole, dismissed the
                   appeal confirming the and judgment and decree, dated
                   05.10.2017 passed in O.S.No.110 of 2012 on the file of
                   learned Junior Civil judge, Razole.

                         The appellant/plaintiff filed O.S.No.110 of 2012 with
                   a prayer to declare possessory title over the plaint schedule
                   property and for consequential permanent injunction
                   restraining the defendant and its authorities from in any
                   way interfering with plaintiff's peaceful possession and
 enjoyment over it except following due procedure.

         The trial Court by judgment and decree dated
05.10.2017 partly decreed the suit granting permanent
injunction in favour of appellant/plaintiff restraining the
respondent/defendant from in any way interfering with his

peaceful possession and enjoyment over the plaint schedule property unless and until he is evicted under due process of law after ascertaining the title over it and dismissed rest of the claim.

Aggrieved by the rejecting claim, the appellant /plaintiff preferred A.S.No.20 of 2018 and the same was dismissed, against which the present second appeal is filed.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgment of the first appellate Court is vitiated in ignoring to consider the admission of the Secretary of Gram Panchayat qua the possession of the appellant/plaintiff over the plaint schedule property?

2. Whether the judgment of the first appellate Court is vitiated in ignoring to consider Advocate Commissioner's report which establishes possession of the appellant/plaintiff over the plaint schedule property?

3. Whether the judgment of the first appellate Court is vitiated in ignoring to consider that the plaint schedule property is Gramakantam land?

______ SRS,J

I.A.No.2 of 2022 Heard.

Since the averments in the affidavit prima facie show the possession of the petitioner/plaintiff over the suit schedule property, there shall be order of injunction restraining the respondent/defendant from interfering with the possession and enjoyment of the petitioner/plaintiff over the plaint schedule property until further orders.

______ SRS,J ikn