Andhra Pradesh High Court - Amravati
Damma Narasinga Rao vs Tentu Chinnam Naidu on 29 December, 2022
Bench: Subba Reddy Satti
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE : S.A.No.572 of 2022
PROCEEDING SHEET
Sl. Date ORDER OFFIC
No. E
NOTE
1. 29.12.2022
SRS,J
S.A.No.572 of 2022
Plaintiff in suit filed the present second appeal
against the judgment and decree dated 16.09.2022 in
A.S.No.12 of 2018 on the file of the II Additional District
Judge, Parvatipuram, reversing the judgment and decree
dated 05.02.2018 in O.S.No.119 of 2009 on the file of the
Principal Junior Civil Judge, Bobbili.
O.S.No.119 of 2009 is filed for permanent
injunction restraining the defendants and their men from
ever interfering with the possession and enjoyment of the
plaintiff over the suit schedule property with costs.
The trial Court decreed the suit. Aggrieved by the
same, defendants preferred appeal A.S.No.12 of 2018
and the same was allowed reversing the judgment and
decree of the trial Court. 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 considering Exs.A-1 to
A-3 in a proper perspective?
2) Whether the judgment and decree of the lower
appellate Court is vitiated in not properly
considering Exs.B-8 and B-9?
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SRS,J
I.A.No.2 of 2022
This application is filed seeking suspension of
judgment and decree in A.S.No.12 of 2018 on the file
of the II Additional District judge, Parvathipuram.
By judgment and decree dated 16.09.2022,
appeal filed by the defendants was allowed whereby
the suit was dismissed and hence, question of
suspension of judgment and decree does not arise.
In view of the above, this petition is closed.
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SRS,J
I.A.No.1 of 2022
This application is filed for grant of injunction
restraining the respondents, their men and agents
etc., from interfering with the petitioner's peaceful
physical possession and enjoyment of the suit
schedule property.
Suit O.S.No.119 of 2009 is filed on the file of
the Principal Junior Civil Judge, Bobbili. In the
affidavit, it was asserted that pending the suit,
plaintiff had injunction and even the suit was
decreed.
Learned counsel for the appellant would
submit that the injunction granted by the trial Court
was not suspended in the appeal.
Considering the same, there shall be interim
injunction restraining the respondents, their
successors in interest, their men, their agents,
assignees and their subordinates from interfering
with the petitioner's peaceful physical possession
and enjoyment of the suit schedule property, until
further orders.
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.
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SRS,J
KA
