Mohammad Anwar vs Abdul Rehaman
2022 Latest Caselaw 1150 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE NO.: S.A.No.730 of 2019 PROCEEDING SHEET Sl. Date ORDER OFFICE No. NOTE

3. 03.03.2022 SRS,J S.A.No.730 of 2019 This second appeal is filed by the plaintiffs against the judgment and decree, dated 21.08.2019 passed in A.S.No.35 of 2014 on the file of learned VI Additional District Judge, Krishna, Machilipatnam, whereby the first appellate Court allowed the appeal by reversing the judgment and decree, dated 09.09.2014 passed in O.S.No.426 of 2010 on the file of learned First Additional Junior Civil Judge, Machilipatnam, Krishna District.

The original suit was filed for permanent injunction in respect of plaint schedule property. The trial Court decreed the suit vide judgment, dated 09.09.2014 and against the said judgment, the defendants preferred A.S.No.35 of 2014. The learned first appellate Court allowed the said appeal by setting aside the judgment and decree of the learned trial Court. Hence, the present second appeal.

Heard learned counsel on either side.

The following substantial question of law arises for consideration.

'Whether the judgment of the lower appellate Court is vitiated in ignoring to consider the statement made by the defendants that plaintiffs encroached 'donka' (pathway) which proves plaintiffs' possession over the plaint schedule property as on the date of filing the suit?'

Hence, Admit.

Post this second appeal on 31.03.2022.

The status quo granted earlier shall continue until further orders.

______ SRS,J

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