Mavudelli Sankararao vs Vaida Jagadish
2022 Latest Caselaw 9856 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.562 of 2022 PROCEEDING SHEET

Sl. Date ORDER OFFIC No. E NOTE

21.12.2022 SRS,J S.A.No.562 of 2022

Defendant in suit filed the present second appeal against the judgment and decree dated 31.10.2022 in A.S.No.3 of 2021 on the file of the II Additional District Judge, Srikakulam reversing the judgment and decree dated 26.11.2019 in O.S.No.335 of 2014 on the file of the Principal Senior Civil Judge, Srikakulam.

O.S.No.335 of 2014 is filed to declare that the plaintiffs are the absolute owners having right, title and interest over the suit schedule property and for recovery of possession over the schedule property by evicting the defendant there from for damages of Rs.72,000/- from the unauthorized trespasser and for costs of the suit.

The trial Court dismissed the suit. Aggrieved by the same, plaintiffs preferred appeal A.S.No.3 of 2021 and the same was allowed. Hence, the present Second Appeal is filed by the defendant.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the judgment of the appellate Court is vitiated in ignoring to consider the admissions made by plaintiffs?

2) Whether the finding of the appellate Court regarding non-joinder of necessary parties vitiates the judgment?

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To file counter, list on 02.01.2023.

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