S.Gurubala Chand Chandu vs Jwala Chennamma
2022 Latest Caselaw 9926 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.527 of 2022
                                    PROCEEDING SHEET

Sl.      Date                                   ORDER                                  OFFIC
No.                                                                                      E
                                                                                       NOTE

1.

30.12.2022 SRS,J S.A.No.527 of 2022

Defendant in suit filed the present second appeal against the judgment and decree dated 26.09.2022 in A.S.No.6 of 2018 on the file of the Senior Civilo Judge, Dharmavaram, confirming the judgment and decree dated 03.01.2018 in O.S.No.179 of 2011 on the file of the Principal Junior Civil Judge, Dharmavaram, Anantapuramu District.

O.S.No.179 of 2011 is filed for grant of mandatory injunction directing the defendant to remove the obstructions put up by him at point 'B' towards South by way of gate and for permanent injunction restraining the defendant from making any obstruction in any manner to the suit schedule rastha as shown in the plaint plan and for suit costs from the defendant.

The trial Court decreed the suit. Aggrieved by the same, defendant preferred appeal A.S.No.6 of 2018 and the same is dismissed. Hence, the present Second Appeal is filed by the defendant.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether a suit for mandatory injunction without seeking declaration, right to use "BCDE sandu" as passage, is maintainable?

2) Whether the plaintiff, who encroached "AEGH" lane and constructed a stair case and toilet in front of his house is entitled for mandatory injunction in respect of 'BCDE sandu"?

3) Whether the decree in a suit by the Courts below on the basis of accessory right which is not protected and recognized by any rule of law and in the absence of easement of necessity is liable to be set aside?

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

Post on 06.01.2023 in motion list.

_______ SRS,J KA