A.Mallaiah, vs A. Jayachandra,
2022 Latest Caselaw 1524 AP

                           HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       S.A.No.138 of 2022
                                PROCEEDING SHEET
Sl.N      Date                               ORDER                                   OFFICE
 o.                                                                                   NOTE




       28.03.2022 BSB, J
                      Heard learned counsel for the appellants.
                      The suit is filed for permanent injunction and
                  the suit was decreed.          Having aggrieved by the
                  same, the defendants preferred the appeal and the
                  same was dismissed. Having aggrieved by the same,
                  the appellants/defendants preferred the second
                  appeal before this Court on the following substantial
                  questions of law.
                     a) Whether the Judgments and Decrees passed by the
                        Courts below are sustainable when the finding arrived
                        by the Courts below are perverse without there being
                        any evidence?

                     b) Whether the court below is right in not considering that
                        the admitted facts which need not be proved as the
                        evidence of PWs.1 to 3, clearly establish that in
                        consistence evidence and no corroboration?

                     c) Whether the Court below is right in not properly
                        framing the point for consideration as required under
                        Order 41 Rule 31 of C.P.C. and also not considering all
                        the contentions raised by the appellant in the appeal as
                        per the judgment of this Hon ble Court in GORRELLA
                        DURGA VARA PRASADA RAO v. INDUKURI RAM RAJU
                        (D.B.) 2002 (2) ALT 589; and in PITHAPURAM
                        MUNICIPALITY v. CHRISTIAN MEDICAL CENTRE,
                        PITHAPURAM - 2005 (3) ALD 813.

                     d) Whether the courts below are right in ignoring vital
                        piece of evidence of Ex.B-4 & B-5, which establishes the
                        claim of the Appellants, which constitutes a substantial
                        question of law as held by the Hon'ble Supreme Court
                        in 2000 (1) SCC 434?

                     e) Whether the courts below are right in decreeing the
                        suit against the well considered principle that Plaintiffs
                        cannot succeed on the weakness of defendant's,
                        Plaintiff must establish his own case on his strength as
                        held in the case of K. Venkata Subba Reddy vs. Bairagi
                        Ramaiah (died) and his LRs 1999 (3) ALT 210 and
                        Jagdish Prasad Patel (dead) through Lrs., and another
          vs. Shivnath and others reported in 2019 (6) 82.

   f)    Whether the Judgments and Decrees passed by the
         Court below is right suit for injunction without filing the
         suit for declaration of right and title over the suit
         property when there are rival claims as held by the
         Apex Court in Anathula Sudhakar vs. P. Buchi Reddy
         (dad) by Lrs and others ?


        In such view of the matter, it is a fit case to
admit the appeal.
        ADMIT.
        Ms. Mahalakshmi, learned counsel appearing
for the respondents and having filed caveat, is

present and reported material papers in the appeal were received.

Post on 13.04.2022.

_________________ B.S.BHANUMATHI,J

I.A.No.1 of 2022

This petition is filed to grant stay the operative portion of judgment and decree dated 27.08.2019 in O.S.No.174 of 2012 on the file of Principal Junior Civil Judge, Chittoor, pending disposal of the second appeal.

The learned counsel for the respondents sought time to file counter.

Post on 13.04.2022.

_________________ B.S.BHANUMATHI,J

PNV