Sampatha Rao Jayalakshmi, vs Modalavalasa Annapurnanuna
2022 Latest Caselaw 8670 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                             MAIN CASE : S.A.No.363 of 2022
                                  PROCEEDING SHEET
Sl.      Date                                 ORDER                               OFFICE
No.                                                                                NOTE

6.    11.11.2022
                   SRS,J
                                       S.A.No.363 of 2022
                         Plaintiff in the suit filed the present second
                   appeal    against    the   judgment    and   decree,   dated
                   09.05.2022 passed in A.S.No.99 of 2012 on the file of
                   learned   I   Additional    District   Judge,   Srikakulam,
                   reversing the judgment and decree, dated 29.08.2012
                   in O.S.62 of 2009 on the file of learned Junior Civil
                   Judge, Amadalavalasa.

                         Plaintiff filed O.S.No.62 of 2009 for permanent
                   injunction restraining defendant Nos.1 and 2 from
                   interfering with her peaceful possession and enjoyment
                   over the suit schedule property.

                         The trial Court decreed the suit with costs by
                   granting permanent injunction in favour of plaintiff
                   directing the defendants not to interfere with the
                   peaceful possession and enjoyment of the plaintiff over
                   the suit schedule property. Aggrieved by the same,
                   defendants preferred A.S.No.99 of 2012 and the same
                   was allowed with costs throughout, setting aside the
                   judgment and decree of the trial Court, against which
                   the present second appeal is filed.

                         Heard.

                         Admit.

                         The following substantial questions of law arise
                   for consideration.
           1. Whether the judgment of the appellate
              Court    is   vitiated    in   not   considering
              Esx.A1, A2 and A4?

          2. Whether judgment of the appellate Court
              is vitiated in not considering the evidence
              of   DW1      regarding    possession    of   the
              plaintiff over the suit schedule property?

                                                       ______
                                                        SRS,J

                      I.A.No.1 of 2022

       Issue notice to the respondents.

Learned counsel for the petitioner is permitted to take out personal notice on the respondents by registered post with acknowledgment due and file proof of service.

Post on 02.12.2022.

______ SRS,J ikn