Andhra Pradesh High Court - Amravati
Nainaru Swarna vs Sanathi Munichandra on 6 May, 2022
Bench: B S Bhanumathi
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: S.A.No.218 of 2022
PROCEEDING SHEET
Sl.N Date ORDER OFFICE
o. NOTE
06.05.2022 BSB, J
Heard the learned counsel for the appellant.
The suit is filed for permanent injunction and
the same were decreed and whereas the same is
reversed in appeal.
Having aggrieved by the same, the present
appeal is filed on the following substantial questions
of law.
1. Whether the judgment and decree of the lower
appellate court in reversing the decree of trial
court and in decreeing the suit for permanent
injunction is legally sustainable and is
supported by evidence on record?
2. Whether the Lower Appellate Court while
reversing the judgment of trial Court failed to
evaluate the admission of the respondent at
Page 3, Para 1 of the written statement that,
suit schedule lands are enjoying by the plaintiff,
the defendants are not liable to pay interest on
the principle amount of Rs.6 lakhs?
3. Whether the lower appellate court is not in
error in not considering the admission by the
1st defendant, who is none other than the son
of the plaintiff herein amounts to judicial
admission and admitted facts need not be
proved as per Section 58 of Indian Evidence
Act?
4. Whether the lower appellate court is not error
in not following the settled legal proposition
that the entries in the revenue records are not
conclusive proof of title and possession over
the property?
5. Whether the lower appellate court is not in
error in holding that the 3rd respondent has
established her lawful possession and
enjoyment over the suit schedule properties?
6. Whether the Judgment of Lower Appellate is
vitiated for the reason that it is pervious and
erroneous?
7. Whether the appellate Court is not in error in
considering that the plaintiff satisfied the main
ingredients for granting of injunction i.e., 1)
existing of prima-facie case as pleaded, 2)the
balance of convenience tilting in favour of the
plaintiffs, 3)irreparable loss and injury being
caused to the plaintiffs and ought to have
dismissed the appeal?
8. Whether reasoning of the lower appellate
Court in reversing the well consideration
judgment of trial Court is legally sustainable?
In view thereof, it is a fit case to admit the
appeal.
ADMIT.
Notice to respondents.
Post on 05.07.2022.
Learned counsel for the appellant is permitted
to take out personal service of notice to the
respondents through RPAD and file proof thereof.
_________________
B.S.BHANUMATHI,J
I.A.No.1 of 2022
This petition is filed to grant injunction
restraining the respondents and his men, or
anybody on their behalf from interfering with
the peaceful possession of the suit schedule
property by suspending the judgment and
decree of the lower appellate court in A.S.No.20
of 2014 on the file of Senior Civil Judge,
Srikalahasti dated 07.03.2022.
Notice to respondents.
Post on 05.07.2022.
Learned counsel for the
petitioner/appellant is permitted to take out
personal service of notice to the respondents
through RPAD and file proof thereof.
Till then, the respondents shall maintain
status quo as on today.
_________________
B.S.BHANUMATHI,J
PNV
