Nellore Vijaya Died vs Singiri Lokanadham
2022 Latest Caselaw 9590 AP

Citation : 2022 Latest Caselaw 9590 AP
Judgement Date : 13 December, 2022

Andhra Pradesh High Court - Amravati

Nellore Vijaya Died vs Singiri Lokanadham on 13 December, 2022

Bench: Tarlada Rajasekhar Rao

            HIGH COURT OF ANDHRA PRADESH
      MAIN CASE No: C.M.A.No.444 OF 2022

                            PROCEEDING SHEET

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No.                                                                       NOTE
2     13.12.2022 TRR, J
                         O.S.No.278 of 2011 is filed by the appellants
                herein before the Court of I Additional Junior Civil
                Judge, Nellore, for injunction and the said suit was
                decreed.     Against the said decree and judgment,
                the respondent preferred A.S.No.11 of 2018 before

the Court of the Principal District Judge, Nellore, and the same was allowed by the lower appellate Court and remanded the matter to the trial Court, directing the trial Court to frame an additional issue and to dispose of the original suit afresh after giving opportunity to both the parties to led further evidence. Aggrieved by the said judgment and decree, the present Civil Miscellaneous Appeal is filed.

Learned counsel for the appellants herein would submit that the lower appellate Court itself can frame additional issue under Order 41 Rule 23 C.P.C. and the lower appellate Court ought not have remanded the matter to the trial Court.

To examine the said issue, notice has to go to the respondent.

Issue notice to the respondent.

Learned counsel for the appellants is also Sl. DATE ORDER OFFICE No. NOTE permitted to take out personal notice to the respondent by RPAD and file proof of service in the Registry.

Post after Sankranthi Vacation, 2023. In the meanwhile, there shall be interim stay of all further proceedings in A.S.No.11 of 2018 on the file of the Court of the Principal District Judge, Nellore.




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