Chavidi Naganandi, vs Chavidi Naganandi,
2022 Latest Caselaw 4610 AP

                                HIGH COURT OF ANDHRA PRADESH

                            MAIN CASE No.: SA No. 312 of 2022

                                        PROCEEDING SHEET

Sl.                                                                                 OFFICE
No.     DATE                                   ORDER                                 NOTE


03    25.07.2022   SRS, J
                           Plaintiffs are the appellants, who filed Original Suit

                   No.101 of 2010 on the file of the Court of the learned Junior

                   Civil Judge, Allagadda against the respondents seeking

permanent injunction. The Original Suit was decreed by the

Trial Court on contest by Judgment and decree dated

05.02.2018. Against the said Judgment and decree, the 1st

defendant filed Appeal Suit No. 16 of 2018. The Appellate

court allowed the Appeal Suit and dismissed the Original

Suit by judgment dated 11.04.2022. Against the said

judgment dated 11.04.2022, the present Second Appeal No.

312 of 2022 was filed.

2. The Appellate Court relied upon the exhibit filed by

the plaintiff, which was marked as Exhibit A-4. It was

described in Exhibit A-4 that the possessor and pattadar is

Chavidi Naga Nandini, S/o Subbarayudu.

Learned counsel for the appellant would contend that

the name of the 1st appellant is Chavidi Naganandi S/o

Subbarayudu. According to the learned counsel for the

appellant, the lower Appellant Court misread the Adangal

and allowed the Appeal Suit; thereby dismissed the Original

Suit.

Admit.

The following are the substantial questions of law:- (1) Whether the Judgment of the lower Appellate Court vitiates non-framing of points for consideration under Article 231 of C.P.C.

(2) Whether the Judgment of the lower Appellate Court is vitiated in not considering Exhibit A-1 and A-2 in proper perspective.

(3) Whether the Judgment of the lower Appellate Court is vitiated in not properly considering the contents of Exhibit A-3 to A-7? S _______ SRS,J I.A.No. 1 of 2022

It is an application filed by the appellant for grant of injunction. In paragraph No.2 of the affidavit, it is averred that the appellant by name Mr.Chavidi Naganandi was granted injunction through out the litigation. The Original Suit filed for injunction was decreed and in the Appeal suit, the Judgment dated 05.02.2018 was not suspended.

Considering the same, since the appellant is having injunction throughout the litigation, IA. No. 1 of 2022 is ordered and injunction is granted restraining the respondent/defendants from interfering with the possession of the appellant, pending disposal of the appeal.

_______ SRS,J Psr.