Mandula Hanumayamma vs Chilakala David Manohar Rao
2022 Latest Caselaw 2425 AP

                            HIGH COURT OF ANDHRA PRADESH


MAIN CASE NO:       S.A.No.186 of 2022
                               PROCEEDING SHEET
Sl.N      Date                            ORDER                                 OFFICE
 o.                                                                              NOTE




       06.05.2022 BSB, J

                      Sri L.Anand, learned counsel representing
                  Sri P.Nagendra Reddy, learned counsel for the
                  appellants/respondents/defendants            submitted

that the trail Court has dismissed the suit basing on the admissions of PWs 2 and 3 about the possession of the defendants of the suit schedule property but the appellate court reversed the finding merely basing on presumption that possession follows title and ignoring the evidence of PWs 2 and 3 stating that it is only a stray admission. The appeal is preferred on the following substantial questions of law.

A) Whether the Courts can grant permanent injunction in favour of the plaintiff without establishing the possession over the suit schedule property?

B) Whether the Courts can grant permanent injunction by presuming that the title follows the possession more particularly when the possession of the plaintiff is under dispute?

C) Whether Exs. Al to A3 relied upon by the plaintiff which is sale deed, building permission and plan establishes the possession of the plaintiff over the suit schedule property and in such an event whether the Courts can grant injunction even inspite of the possession of the plaintiff is not established?

In view thereof, it is a fit case to admit the appeal.

ADMIT.

Notice to respondents.

Post on 07.07.2022.

Learned counsel for the appellants 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 suspend the judgment and decree in A.S.No.33 of 2018 dated 04.05.2021 on the file of the V Additional District Judge, Allagadda, Kurnool District.

Notice to respondents.

Post on 07.07.2022.

Learned counsel for the appellants is permitted to take out personal service of notice to the respondents through RPAD and file proof thereof.

Till then, interim order of suspension as prayed for is granted.

_________________ B.S.BHANUMATHI,J PNV