Kondeti Krishnaiah, vs Gunasani Ramanaiah
2022 Latest Caselaw 9760 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                            MAIN CASE : S.A.No.556 of 2022

                                    PROCEEDING SHEET


Sl.      Date                                    ORDER                                OFFICE
No.                                                                                    NOTE

      20.12.2022
                   SRS,J
                                        S.A.No.556 of 2022

                          Plaintiff in O.S.No.17 of 2015 filed the present
                   second appeal against the judgment and decree dated
                   08.09.2022 in A.S.No.1 of 2021 on the file of the III
                   Additional   District    Judge,     Rajampet   confirming   the
                   judgment and decree dated 31.03.2021 in O.S.No.17 of
                   2015 on the file of the Junior Civil Judge at Railway
                   Kodur.

                          O.S.No.17 of 2015 is filed for permanent injunction
                   restraining the defendant, his men from ever interfering
                   with the peaceful possession and enjoyment of the plaint
                   schedule property and for costs of the suit.

                          The trial Court dismissed the suit. Aggrieved by the
                   same, plaintiff preferred appeal A.S.No.1 of 2021 and the
                   same was also dismissed. Hence, the present Second
                   Appeal is filed by the plaintiff.

                          Heard.
                          ADMIT.

                          The following substantial questions of law arise for
                   consideration.

                          1) Whether       the   plaintiff   proved   his   settled
                             possession over the plaint schedule property as
                             on the date of filing of the suit as per Section 110
                             of Evidence Act?

                          2) Whether the Courts below adjudicated the
          possession of the plaintiff keeping in view that
         title always follows possession?

      3) Whether   the   Courts   below     considered     the
         documents filed by the plaintiff in a proper
         perspective?

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

      Issue notice to the respondent.

learned counsel for the petitioner is permitted to take out personal notice to the respondent by registered post with acknowledgment due and file proof of service in the Registry.

List on 31.01.2023.

______ SRS,J

KA/BRS