Annapureddy Ayyappa Reddy vs Koosam Mallikharjuna Reddy
2022 Latest Caselaw 3127 AP

              HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

    MAIN CASE:         S.A.No.274 of 2022

                                PROCEEDING SHEET


 SL.                                                                                  OFFICE
 No.   DATE                                    ORDER
                                                                                      NOTE
HCJ
 01. & 29.06.2022
       RSR, J     KSR,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.

SL.                                                                          OFFICE
No.   DATE                           ORDER
                                                                             NOTE
                    4.          After    receipt    of   notice,       the

respondents/defendants contested the suit by filing written statement. After elaborate trial, the trail Court decreed the suit vide, Judgment and Decree, dated 28.08.2017. Aggrieved by the same, the respondents/ defendants 3 to 13 filed appeal suit in A.S.No.113 of 2019 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.

                                                                ______
                                                                 KSR,J
                                                                  RPD




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No.   DATE   ORDER
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