Sri Arusalia Chenna Reddy vs Smt. Degualapadu Saraswathamma
2022 Latest Caselaw 8857 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                            MAIN CASE : S.A.No.420 of 2022
                                   PROCEEDING SHEET
Sl.      Date                                ORDER                              OFFICE
No.                                                                              NOTE

4.    18.11.2022
                   SRS,J
                                       S.A.No.420 of 2022
                          Plaintiff in the suit filed the present second
                   appeal   against    the   judgment   and   decree,   dated
                   16.06.2022 passed in A.S.No.21 of 2017 on the file of
                   learned VI Additional District Judge, Gooty, reversing
                   the judgment and decree, dated 12.07.2017 passed in
                   O.S.No.71 of 2012 on the file of learned Junior Civil
                   Judge, Guntakal.

                          Plaintiff filed O.S.No.71 of 2012 against the
                   defendants for permanent injunction, restraining the
                   defendants, their men, agents and persons claiming
                   through them, from interfering with the plaintiff's
                   peaceful possession and enjoyment of the suit schedule
                   property.

                          The trial Court by judgment, dated 12.07.2017
                   decreed the suit with costs, granting permanent
                   injunction in favour of the plaintiff, restraining the
                   defendants and their men from interfering with the
                   peaceful possession and enjoyment of suit schedule
                   property by the plaintiff. Aggrieved by the same,
                   defendant No.1 filed A.S.No.21 of 2017 and the same
                   was allowed setting aside the judgment of the trial
                   Court, against which the present second appeal is filed
                   by the plaintiff.

                          Heard.
       Admit.

      The following substantial questions of law arise
for consideration.

         1.

Whether judgment of the appellate Court is vitiated in coming to the conclusion that the suit for injunction without seeking for declaration is not maintainable in the facts of the case?

2. Whether the judgment of the appellate Court is vitiated in not considering the evidence of DW1 wherein he stated that PW1 raised hayrick yard in the plaint schedule property?

3. Whether the judgment of the appellate Court is vitiated in not considering Exs.A3 to A11 in proper perspective?

______ SRS,J

I.A.No.1 of 2022

Post on 02.11.2022.

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