Setti Janakamma vs Ubbeti Bhavani
2022 Latest Caselaw 8560 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                               MAIN CASE : S.A.No.491 of 2022
                                    PROCEEDING SHEET

Sl.      Date                                     ORDER                                       OFFICE
No.                                                                                            NOTE

      28.10.2022
                   SRS,J
                                           S.A.No.491 of 2022


                          Defendants       in    AOS   No.5    of    2012     being    the
                   appellants filed the present second appeal against the
                   judgment and decree dated 25.03.2022 in A.A.S.No.17 of
                   2018 on the file of the Additional District Magistrate &
                   Additional     Agent    to    Government-cum-Project            Officer,
                   Integrated     Tribal    Development        Agency,      Paderu      of
                   Visakhapatnam       District,    reversing       the   orders    dated
                   30.04.2018 in A.O.S.No.5 of 2012 on the file of the Agency
                   Sub-Ordinate Judge at Paderu.

                          AOS No.5 of 2012 is filed by the plaintiff to grant (a)
                   permanent injunction restraining the defendants, their
                   men, agents and servants from ever interfering with the
                   plaintiff's peaceful possession and enjoyment of the plaint
                   schedule land; (b) costs of the suit and (c) grant such other
                   relieves.

                          The trial Court dismissed the AOS without costs.
                   Aggrieved by the same, plaintiff preferred A.A.S.No.17 of
                   2018 and the same was allowed. Therefore, the present
                   Second Appeal is filed by the defendants.

                          Heard.
                          ADMIT.

                          The following substantial questions of law arise for
                   consideration.

                          1) Whether       the    order   of   the    lower    appellate
                               authority is vitiated in ignoring to consider the
                               principle that plaintiff who filed the suit for
          possession has to plead and prove his possession
         over the plaint schedule property?

      2) Whether the order of the lower appellate Court is
         vitiated in misleading the sale deed dated
         02.11.2004?

                                                       ______
                                                       SRS,J
                     I.A.No.1 of 2022
      Heard.
      Learned counsel for the petitioners would contend
that the respondent filed AOS No.5 of 2012 on the file of

the Agency Sub-Ordinate Judge at Paderu seeking injunction. No interim injunction was granted pending the proceedings in AOS No.5 of 2012. Eventually, AOS No.5 of 2012 is dismissed.

Against the dismissal order, the respondent filed AAS No.17 of 2018 and by allowing the appeal, appellate authority directed the Tahsildar to rectify the error in survey number and extent in the previous registered document in Sy.No.102/1 Ac.0-50 cents as per records and enjoyment on the scheduled land.

Against the same, present second appeal is filed by the defendants. Since the second appeal is admitted, there shall be stay of all further proceedings pursuant to the judgment and decree dated 25.03.2022 in AAS No.17 of 2018, until further orders.

Issue Notice to the respondents.

Learned counsel for the petitioners is permitted to take out personal notice to the respondent by registered post with acknowledgment due and file acknowledgment within two (2) weeks in the Registry.

List on 06.12.2022.

It is made clear that if learned counsel for the petitioner fails to file postal receipt within two weeks, the interim order stands vacated without any further reference.

_________ SRS,J KA