T.Ibrahim vs D.Narayana
2022 Latest Caselaw 3809 AP

  HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: S.A.NO.302 OF 2022
                                 PROCEEDINGS SHEET
Sl.                                                                                            OFFICE NOTE

No.
       DATE                                        ORDER
1.    07.07.2022   KSR,J

                                           S.A.NO.302 OF 2022

                     The plaintiffs in O.S.No.100 of 2008 on the file of the Court of

                   Junior Civil Judge, Gooty, Ananthapur District are the appellants

                   herein. They filed the above suit seeking declaration of title and for

                   consequential        permanent         injunction      against       the

                   respondents/defendants. The respondents/defendants contested the

suit by filing a written statement. Both parties adduced evidence in

terms of their pleadings. After an elaborate trial, the trial court

dismissed the suit by way of judgment and decree, dated 21-08-

2018. Aggrieved by the same, the plaintiffs preferred Appeal Suit

before the Court of VI Additional District Judge, Gooty in AS No.38 of

2018, which was also dismissed by way of judgment and decree,

dated 07-03-2022. Aggrieved by the same, the plaintiffs filed the

present Second Appeal.

In view of the above facts and for the following substantial

questions of law,

1. Whether the trial court and the first appellate court are correct in dismissing the suit concurrently in the absence of contest with regard to title of the plaintiffs and their predecessors in view of specific admission made by the defendants indicating that their predecessor in title did not own any land in suit schedule property; and

2. Whether the trial court and the first appellate court are correct in dismissing the suit concurrently on the ground that plea of oral partition urged by the plaintiffs is not established in the absence of any dispute with regard to such partition?

ADMIT the Second Appeal.

                                                                       _________________
                                                                       K.SURESH REDDY,J
 Sl.                                                                                  OFFICE NOTE

No.
      DATE                                 ORDER
                                     I.A.NO.1 OF 2022

                Dispensed with for the present.

                                                            _________________
                                                            K.SURESH REDDY,J
                                     I.A.NO.2 OF 2022

For the reasons stated in the affidavit filed in support of this application and having heard the learned counsel for the petitioners, the respondents are hereby directed not to alienate or create any third party interest over the suit schedule property till disposal of Second Appeal.

Notice.

_________________ K.SURESH REDDY,J TSNR