Citation : 2022 Latest Caselaw 2424 AP
Judgement Date : 6 May, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO: S.A.No.207 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 for mandatory injunction. The trial Court
decreed the suit for both reliefs. The aggrieved
defendants preferred appeal and the same was
allowed setting aside the decree and judgment
in the suit.
Having aggrieved by the same, the second
appeal is preferred on the following substantial
questions of law.
b) Whether the First Appellate Court being Final
Court of facts exercised its power properly in
evaluating the Facts
, Depositions and Exhibits, passed Reasoned Order on facts and Issue (s) as per the Judgment of Apex Court in (2017) 15 SCC 309?
d) Whether the Plaintiff is entitled for permanent injunction and mandatory injunction to remove the constructions in the Plaint Schedule Property?
e) Whether the Decree and Judgment of First Appellate Court are not liable to be set-aside on the ground of misreading the evidence?
f) Whether the First Appellate Court framed appropriate point for consideration or issues to be adjudicated the lis as per the pleadings and evidences on record?
g) Whether the findings, Judgment and Decree of the First Appellate Court are by misreading oral and documentary evidence on record is perverse, warranting interference of this Hon'ble Court under Section 100 Code of Civil Procedure?
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 PNV
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