Learned Counsel For The vs Unknown
2022 Latest Caselaw 5842 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                    MAIN CASE NO.: C.M.A.No.269 of 2022
                                  PROCEEDING SHEET

Sl.                                                                                OFFICE
        Date                                    ORDER
No.                                                                                 NOTE

02    30.08.2022   SRS,J

                                    C.M.A.No.269 of 2022

                           Notice to respondents.

Learned counsel for the appellant is

permitted to take out personal notice to

respondents 1 to 10 by RPAD and file proof of

service.

List on 20.09.2022.

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

Suit O.S.No.119 of 2016 was filed by the

appellant herein being the plaintiff against the

respondents seeking perpetual injunction.

Pending the suit, I.A.No.332 of 2016 was filed

restraining the respondents and their men from

interefering with the peaceful possession and

enjoyment of the plaintiff over the plaint

schedule property. Trial Court granted ad

interim injunction and the same was extended

till the disposal of the main suit. Eventually,

the suit was dismissed on 30.06.2022.

Against the said judgment and decree the

plaintiff filed appeal A.S.No.67 of 2022. In the

appeal, I.A.No.71 of 2022 under Order XXXIX

Rules 1 and 2 of CPC restraining the

respondents from raising any constructions on

the plaint schedule property till the disposal of

appeal. Initially, Appellate Court granted ad

interim injunction on 15.07.2022. After filing

counter by 5th respondent, by order dated

03.08.2022, the lower appellate Court dismissed

the said application. Against the said order, the

above CMA is filed.

The suit was filed seeking perpetual

injunction. Pending the suit, ad-interim

injunction restraining the respondents from

interfering with the possession of the plaintiff

was granted and the said order continued till

the disposal of the suit.

Pending appeal, I.A. was filed seeking

injunction restraining respondents from making

constrctuions and it was averred in the affidavit

that taking advantage of judgment in the suit,

respondents are trying to trespass into the

schedule property. Initially, Appellate Court

granted injunction and the same was vacated on

contest.

A perusal of the order of the Appellate

Court would indicate, that Appellate Court went

into merits of the matter and basing on the

observations of the trial Court in its judgment,

dismissed the application.

Prima facie, this Court of the opinion that

Appellate Court ought not to have recorded

findings basing on the findings in trial Court's

judgment. Appeal being continuation of the suit,

Appellate Court will decide the appeal after

appreciation of evidence recorded. The findings

recorded by Trial Court are under challenge

before the Appellate Court.

Considering facts and circumstances of

the case, and since the Appellate Court granted

ad interim injunction restraining the

respondents from making further constructions

and the same is operative till the disposal of

petition, this Court deems it appropriate to

grant interim injunction for a period of four

weeks restraining the respondents from making

any constructions in the plaint schedule

property, subject to the petitioner filing an

undertaking affidavit in consonance with Order

XXXIX Rule 3A of CPC Andhra Pradesh

Amendment within a period of two weeks from

today.

___________ SRS, J PVD