Hasti Hari Prasad vs Konduru Jayasimha Raju
2022 Latest Caselaw 8667 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                          MAIN CASE: S.A.No.462 of 2022
                                 PROCEEDING SHEET

Sl.                                                                                 OFFICE
No.
         Date                                ORDER                                   NOTE

02    11.11.2022    SRS,J
                                     S.A.No.462 of 2022

                          Defendants in the suit filed the above second
                    appeal against the judgment and decree, dated
                    02.09.2022 in A.S.No.29 of 2018 on the file of III
                    Additional District Judge, Rajampet reversing the
                    judgment and decree dated 06.04.2018 in O.S.No.66
                    of 2010 on the file of Junior Civil Judge, Nandalur.
                          Plaintiff filed the suit seeking permanent
                    injunction    against   the   defendants.   Trial     Court
                    dismissed the suit vide judgment and decree dated
                    06.04.2018.     Aggrieved     by   the   same,      plaintiff
                    preferred A.S.No.29 of 2018 and the same was
                    allowed decreeing the suit. Assailing the same,
                    defendants filed the above second appeal.
                          Heard.
                          ADMIT.
                          The following substantial questions of law
                    arise for consideration.
                       1) Whether judgment of the lower appellate
                          Court is vitiated by ignoring to consider the
                          evidence of C.W.2 Tahsildar and Exs.C-5 to C-
                          7?
                       2) Whether judgment of the lower appellate
                          Court is vitiated in not considering Ex.B-8 in
                          proper perspective and placing reliance upon
                          Ex.A-1?
                                                                 __________
                                                                     SRS,J
                       2



                  I.A.No.1 of 2022

      This application is filed to suspend the
injunction granted in O.S.No.66 of 2010 by virtue of
judgment in A.S.No.29 of 2018 on the file of III
Additional District Judge, Rajampet.
      Respondent/plaintiff      filed       suit    seeking

injunction. Learned counsel for appellants/ defendants would submit that pending the suit, initially trial Court granted interim injunction and later on enquiry, the same was vacated, against the same, plaintiff preferred CMA and the same was also dismissed and eventually, the suit was dismissed.

Against the judgment and decree, plaintiff filed appeal A.S.No.29 of 2018 and in the appeal also no interim injunction was granted. For the first time, by allowing the appeal, lower appellate Court granted injunction.

Considering the facts and circumstances of the case, since the plaintiff had no injunction throughout the suit, the injunction granted by the lower appellate Court in A.S.No.29 of 2018 is suspending, pending the second appeal.

Notice to respondent.

Learned counsel for the petitioners/ appellants is permitted to take out personal notice to respondent by RPAD and file proof of service.

List on 09.12.2022.

_________ SRS,J PVD