Sri .Mallidi Chakravarthi vs Smt. Dantuluri Krishnaveni
2022 Latest Caselaw 8306 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                      MAIN CASE NO.: S.A.No.486 of 2022
                             PROCEEDING SHEET


Sl.                                                                          OFFICE
No
         Date                           ORDER                                 NOTE


01    03.11.2022   SRS, J

                                  S.A.No.486 of 2022

                         Defendant in O.S.No.1217 of 2011 filed

                   the above second appeal against the judgment

                   and decree dated 25.07.2022 in A.S.No.141 of

                   2018 on the file of VIII Additional District

                   Judge,    Visakhapatnam,          reversing         the

                   judgment and decree dated 27.03.2018 in

                   O.S.No.1217     of   2011   on    the   file   of    VI

                   Additional Senior Civil Judge, Visakhapatnam.

                         Suit O.S.No.1217 of 2011 was filed by

                   the plaintiff seeking permanent injunction.

                         Trial Court by a common judgment

                   dated 27.03.2018 dismissed O.S.No.1217 of

                   2011. Aggrieved by the same, plaintiff filed

                   appeal A.S.No.141 of 2018 and the same was

                   allowed   by    judgment    and    decree      dated

                   25.07.2022. Assailing the same, the present

                   Second Appeal is filed.
                       2


      Heard.

      ADMIT.

      The following substantial question of

law, arise for consideration, in the second

appeal:

 1) Whether the judgment of the lower
     appellate Court is vitiated in ignoring
     to   consider    that    in   a   suit   for
     injunction, the plaintiff has to prove
     possession over the property as on the
     date of filing of the suit?
 2) Whether the suit for injunction is
     maintainable in view of cloud over title
     in view of judgment of Hon'ble Apex
     Court   in    Anathula    Sudhakar       Vs.
     P.Buchi Reddy (Dead) by LRs. and
     Ors. [(2008) 4 SCC 594]?
 3) Whether the judgment of the lower
     appellate Court is vitiated in not
     drawing      adverse    inference    under
     Section 114 (g) of the Indian Evidence
     Act, since the plaintiff did not come
     into the witness box?

                                         ___________
                                           SRS,J
                  I.A.No.1 of 2022

      For the reasons stated in the affidavit

filed in support of the petition, filing of certified
                     3

copy of judgment in suit is dispensed with for

the present.

                                    ___________
                                      SRS, J

                 I.A.No.2 of 2022

      Notice to respondent.

Learned counsel for the petitioner is

permitted to take out personal notice to the

respondent by RPAD and file proof of service.

List on 24.11.2022.

___________ SRS, J

PVD