Sripada Venkateswara Rao vs Katakamsetti Narasimha Swami
2022 Latest Caselaw 9762 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE : S.A.No.552 of 2022
                             PROCEEDING SHEET

Sl.      Date                                 ORDER                              OFFICE
No.                                                                               NOTE

1.    20.12.2022
                   SRS,J
                                          I.A.No.1 of 2022

                         This application is filed to condone the delay of 73
                   days in representing the above second appeal.
                         For the reasons mentioned in Para No.2 of the
                   affidavit, the delay of 73 days in representing the second
                   appeal is condoned.
                         Accordingly, this petition is ordered.
                                                                       ______
                                                                        SRS,J
                                       S.A.No.552 of 2022
                         Plaintiff in the suit filed the present second appeal
                   against the judgment and decree dated 15.06.2022 in
                   A.S.No.25 of 2019 on the file of the Senior Civil Judge,
                   Razole, partly reversing the judgment and decree dated
                   23.03.2018 in O.S.No.197 of 2008 on the file of the Junior
                   Civil Judge, Razole.

                         O.S.No.197 of 2008 is filed to declare his title in
                   respect of western side compound wall shown as XX1, YY1
                   and ZZ1 marked portion in plaint plan and for grant of
                   mandatory injunction directing the defendants to remove
                   the roof extended into plaint schedule property at YY1
                   marked portion in the plaint plan and for costs.

                         The trial Court dismissed the suit with costs.
                   Aggrieved by the same, plaintiff preferred appeal A.S.No.25
                   of 2019 and the same was allowed in part. Hence, the
                   present Second Appeal is filed by the plaintiff.

                         Heard.
                         ADMIT.
        The following substantial questions of law arise for
consideration.

       1) Whether the judgment of the lower appellate
          Court     is    vitiated    in        not   appreciating     the
          advocate-commissioner's report?

       2) Whether        granting     of        mandatory     injunction
          without granting the relief of declaration is
          vitiated the judgments?

                                                                 ______
                                                                     SRS,J
                         I.A.No.2 of 2022
       This   application       is    filed       seeking     temporary
injunction restraining the respondents from removing

the western side compound wall and restraining them from interfering with their possession and enjoyment.

Heard.

In view of the averments in the affidavit that taking advantage of the dismissal of the suit since the respondents are trying to remove the disputed compound wall, in the interest of justice, this Court is inclined to grant injunction.

The respondents are restrained to removing the disputed compound wall and restrained to interfere with the possession and enjoyment of the plaintiff for a period of eight weeks from today.

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

List the matter on 31.01.2023

______ SRS,J I.A.No.3 of 2022

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

List the matter on 31.01.2023.

______ SRS,J

KA/BRS