Annapureddy Ayyappa Reddy vs Koosam Lakshmi Kanthamma
2022 Latest Caselaw 4329 AP

                        HIGH COURT OF ANDHRA PRADESH

                   MAIN CASE NO.:S.A.No.309 of 2022
                                PROCEEDING SHEET

Sl.      Date                                     ORDER                                 OFFICE
No.                                                                                      NOTE

      20.07.2022   SRS, J


                           Heard learned counsel for the appellant.


                           2.   The        appellant/plaintiff     filed    a   suit

                   in O.S.No.201 of 2014 on the file of the Court of

                   II    Additional        Junior     Civil     Judge,     Guntur,

                   seeking permanent injunction restraining the

                   defendants and their men from interfering with

                   the peaceful possession and enjoyment over the

                   suit schedule property.


                           3.   It    is    the     case   of    the     appellant/

                   plaintiff that the suit schedule property, which

                   is an extent of 95 Square Yards was owned by

                   one Koosam Venkata Reddy. The said Koosam

                   Venkata Reddy, during his lifetime got executed

                   an unregistered WILL, dated 10.01.1972, which

                   is marked as Ex.A1 in favour of his second son

                   i.e., Koosam Satyanarayana Reddy. After his

                   death, the suit schedule property devolved upon

                   the said Koosam Satyanarayana Reddy as per

                   the    unregistered         WILL.       The    said     Koosam

                   Satyanarayana Reddy executed a registered gift

                   deed bearing No.2138/2008, dated 20.05.2008

                   in     favour      of     his     eldest      daughter       i.e.,
 Annapureddy Lakshmi Kantha. Subsequently,

she executed a registered gift deed bearing

No.1763 of 2013, dated 21.03.2013 in favour of

her husband i.e., who is the plaintiff. As such,

the   plaintiff    and    his   predecessors   are     in

peaceful possession and enjoyment of the said

property. As the respondents/defendants are

trying to interfere with his peaceful possession,

the plaintiff filed the said suit seeking the relief

of permanent injunction.

4. After receipt of notice, the

respondents/defendants contested the suit by

filing written statement. After elaborate trial,

the trial Court decreed the suit vide, Judgment

and Decree, dated 28.08.2017. Aggrieved by

the same, the respondents/ defendants 1 and 2

filed appeal suit in A.S.No.183 of 2017 on the

file of the Court I Additional District Judge,

Guntur. After hearing both sides, the appellate

Court allowed the appeal by setting aside the

Judgment and Decree passed by the trial Court.

In view of the facts and circumstances of

the case and the following substantial questions

of law:

1. Whether the Appellate Court is justified

in allowing the appeal without formulating

points for determination and giving

decision thereon with the reasons for the decision as required under Order 41 Rule

31 of CPC?

2. Whether Appellate Court is right in

allowing the appeal by framing only one

point regarding genuineness of the WILL,

dated 10.01.1972 as if it is a suit for

declaration of title based on the said WILL,

without formulating the points required to

be framed in a suit of bare injunction?

Admit the Second Appeal.

List the matter along with S.A.274 of

2022.

________ SRS, J NPA