Afsar Shukoor vs Duvisetty Leela Bhavani
2022 Latest Caselaw 3831 AP

        HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

   MAIN CASE : SECOND APPEAL No.677 OF 2019
                       PROCEEDING SHEET
Sl.                                                                             OFFICE
      DATE                                ORDER
No.                                                                             NOTE.
07. 08.07.2022 BKM,J
                                  I.A.No.1 of 2019
                    In spite of service of notice to the
              respondent, none appears.

Heard.

For the reasons stated in the accompanying affidavit filed in support of the petition, the delay in presentation of this appeal is condoned.

Accordingly, I.A.No.1 of 2019 is ordered.

__________ BKM,J S.A.No.677 of 2019 Heard the learned counsel for the appellant. None appears for the respondent.

The appellant herein is the respondent before the lower appellate court and plaintiff in the suit before the trial court. The respondent herein is the appellant before the lower appellate court and the defendant in the suit before the trial court.

The appellant herein initiated action in O.S.No.96 of 2012 against the respondent/defendant on the file of Principal Junior Civil Judge, Visakhapatnam in O.S.No.96 of 2012 seeking eviction of the respondent/defendant from the suit schedule property. The said suit was decreed vide Judgment and Decree dated 30.03.2015 directing the defendant to vacate the suit schedule shop within three months from the

date of decree.

Aggrieved by the same, the defendant preferred an appeal before the lower appellate court in A.S.No.84 of 2015 and the same was allowed by the Judgment and Decree of the VI-Additional District Judge, Visakhapatnam dated 31.08.2018 by setting aside the Judgment and Decree of the trial Court. Aggrieved by the Judgment of the lower appellate court, the respondent therein preferred this appeal by way of Second Appeal under the following substantial question of law.

"Whether the Judgment and Decree of the lower appellate court is perverse in reversing the Judgment and Decree of the trial Court while appreciating the evidence on record?"

In view of the above said substantial question of law, the Second Appeal is Admitted.

The learned counsel for the appellant is once again permitted to take out personal notice to the respondent to the correct address and proof of service shall be filed within three (03) weeks from today.

List the appeal for 'Final Hearing'.

________ BKM,J Yvk