Anam Rama Devi, vs Chinni Venkata Naga Jagadeesh
2022 Latest Caselaw 377 AP

           HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI
MAIN CASE No.: S.A.No.39 of 2022
                               PROCEEDING SHEET
Sl.      Date                             ORDER                                  OFFICE
No.                                                                               NOTE

1.    27.01.2022                                               Transferred
                   MVR,J
                                                                  to I/o
                                  S.A.No.39 of 2022               folder
                                                                  before
                          Heard Sri C. Subodh, learned counsel
                                                                correction
                   for the appellants.

                         ADMIT.

                         The      following    are     the       substantial
                   questions of law:-

                         1. Whether the judgment and decree of
                   lower appellate Court in reversing the judgment
                   and decree of trial Court in so far as reliefs of A
                   & C is legally sustainable and is supported by
                   evidence on record ?

                         2. Whether the lower appellate Court is
                   not in error in not considering that without
                   seeking     declaration    of   title   the     relief   of
                   mandatory injunction is not maintainable ?

                         3. Whether the lower appellate Court is
                   right in decreeing the suit in so far as granting
                   injunction in respect of ABCD property and also
                   directing defendants to remove wall between A
                   & A1 point etc., though respondent miserable

failed to prove his incidental title in possession over the property which is basic requirement to grant permanent injunction and mandatory injunction ?

Notice to respondent.

List during 3rd week of March, 2022.

_______ MVR,J I.A.No.1 of 2022 Heard.

There shall be an interim stay of all further proceedings including execution of the decree relating to O.S.No.255 of 2017 of the Court of learned III Additional Junior Civil Judge, Nellore pursuant to decree and judgment in A.S.No.8 of 2021 dated 17.11.2021 of the Court of learned IV Additional District Judge, Nellore until further orders.

Notice to respondent.

_______ MVR,J EPS