Kilaru Basava Kutumba Rao vs Movva Basava Kutumba Rao
2022 Latest Caselaw 3159 AP

  HIGH COURT OF ANDHRA PRADESH::AMARAVATI
MAIN CASE No: S.A.NO.269 OF 2022
                                 PROCEEDINGS SHEET
Sl.                                                                                            OFFICE NOTE

No.
       DATE                                        ORDER
1.    29.06.2022   KSR,J

                                             S.A.NO.269 OF 2022

                     Heard Sri Devalaraju Anil Kumar, learned counsel for the
                   appellants.

                     The plaintiffs in O.S.No.1033 of 2003 on the file of the court of
                   Principal Junior Civil Judge, Vijayawada are the appellants herein.
                   They filed the above suit against the respondents seeking mandatory

injunction. The respondents contested the suit by filing a written statement. After an elaborate trial, the trial court decreed the suit. On an appeal, the lower appellate court reversed the said judgment.

In view of the above facts and circumstances and in view following substantial question of law,

1. Whether the lower appellate court is right in reversing the judgment of the trial court by misreading the oral and documentary evidence adduced by the plaintiffs?

2. Whether the lower appellate court is justified in ignoring the part of Advocate Commissioner's report, dated 25-08-2014, which is marked as Ex.C-1, which shows that the defendants encroached upon the suit schedule path way?.

ADMIT the Second Appeal.

                                                                     _________________
                                                                     K.SURESH REDDY,J




                   TSNR
 Sl.                  OFFICE NOTE

No.
      DATE   ORDER