Chintada Joga Rao vs Sampathirao Krishna Rao
2022 Latest Caselaw 8860 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                             MAIN CASE : S.A.No.384 of 2022
                                   PROCEEDING SHEET
Sl.      Date                                   ORDER                               OFFICE
No.                                                                                  NOTE

12.   18.11.2022
                   SRS,J
                                       S.A.No.384 of 2022
                          Plaintiff in the suit filed the present second
                   appeal    against    the     judgment    and   decree,   dated
                   22.11.2021 passed in A.S.No.7 of 2019 on the file of
                   learned    Senior    Civil    Judge,    Tekkali,   Srikakulam
                   District reversing the judgment and decree, dated
                   12.06.2019 passed in O.S.No.54 of 2013 on the file of
                   learned Junior Civil Judge, Tekkali.

                          Plaintiff filed O.S.No.54 of 2013 for injunction
                   restraining the defendants, their agents, associates,
                   servants and workmen from ever interfering with the
                   peaceful possession and enjoyment of the plaintiff, over
                   the plaint schedule property.

                          The trial Court decreed the suit with costs
                   restraining the defendants, their agents, associates,
                   servants and workmen, from ever interfering with
                   peaceful possession and enjoyment of the plaintiff, over
                   the plaint schedule property. Aggrieved by the same,
                   defendants filed A.S.No.7 of 2019 and the same was
                   allowed, against which the present second appeal is
                   filed by the plaintiff.

                          Heard.

                          Admit.

                          The following substantial questions of law arise
                   for consideration.
    1.

Whether the finding of the appellate Court that suit is filed for injunction against coparcener/co-sharer is based on the evidence on record? If not the judgment under appeal is liable to be set aside?

2. Whether the findings given by the appellate Court regarding possession of the plaintiff, is contrary to the evidence on record?

______ SRS,J

I.A.No.1 of 2022

For filing counter, post on 16.12.2022.

______ SRS,J ikn