Kummari Ramaiah vs Kummari Peda Sanjeeva Karna
2022 Latest Caselaw 945 AP

                      HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:      S.A.No.88 of 2022
                                PROCEEDING SHEET
Sl.No.      Date                          ORDER                               OFFICE NOTE



 1.      22.02.2022 BSB, J
                                S.A.No.88 of 2022
                            Heard learned counsel for the
                    appellants. In view of the substantial
                    questions      of     law    raised          by    the
                    appellants in the appeal, ADMIT.
                            Learned        counsel          for        the
                    appellants is permitted to take out
                    personal service of notice to the
                    respondent by RPAD and file proof

thereof.

Post the matter on 24.03.2022.

I.A.No1 of 2022 This application is filed to grant stay of the decree and Judgment dated 08.09.2021 in A.S No.19 of 2019, passed by the V Additional District Judge, Allagadda, pending disposal of this Second Appeal.

Originally, the trial Court dismissed the suit for permanent injunction and in the first appeal, the decree & judgment passed in the suit were set aside and permanent injunction was granted.

Having aggrieved by the same, the defendants preferred the present second appeal on the grounds set out in the appeal.

The scheduled property is vacant land.

Though the suit is filed in respect property to an extent of Ac. 3.53 ½ cents in Sy. No.212 and the Court below observed that the plaintiff proved his case up to the extent of Ac.2.53 Cents, it decreed the suit for the entire extent of the scheduled property.

Thus, there are substantial questions of law and facts require adjudication in this appeal. As such interim stay of operation of the impugned decree and judgment is granted till 23.03.2022.

In the meanwhile, issue personal notice to the respondent.

Learned counsel for the appellants is permitted to take out personal service of notice to the respondent by RPAD and file proof thereof.

Post the matter on 23.03.2022.

_________________ B.S.BHANUMATHI,J PGT