Urigiti Papayya Dead, vs Gorapalli Satya Rao
2022 Latest Caselaw 8930 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE : S.A.No.508 of 2022
                             PROCEEDING SHEET

Sl.      Date                                   ORDER                                    OFFICE
No.                                                                                       NOTE

      22.11.2022
                   SRS,J
                                         I.A.No.1 of 2022

                         Dispensed with for the time being.

                                                                          _________
                                                                               SRS,J

                                        S.A.No.508 of 2022

                         Defendants     in     O.S.No.91   of    2009    being     the
                   appellants filed the present second appeal against the
                   judgment and decree dated 08.07.2022 in A.S.No.63 of
                   2019 on the file of the IV Additional District & Sessions
                   Judge, Vizianagaram, confirming the judgment and decree
                   dated 08.06.2018 in O.S.No.91 of 2009 on the file of the
                   Junior Civil Judge, Kothavalasa.

                         O.S.No.91 of 2009 is filed for grant of permanent
                   injunction restraining the defendants, their men and
                   agents from ever interfering with the peaceful possession
                   and enjoyment of the plaint schedule property in any
                   manner whatsoever and for costs of the suit.

                         The   trial   Court    decreed    the   suit   with    costs.
                   Aggrieved by the same, defendants preferred A.S.No.63 of
                   2019 and the same was dismissed on 08.07.2022. Hence,
                   the present Second Appeal is filed by the defendants.

                         Heard.
                         ADMIT.

                         The following substantial questions of law arise for
                   consideration.

                         1) Whether the judgment of the lower appellate
                            Court is vitiated in not framing a point for
                            consideration under Order 41 Rule 31 of CPC ?
       2) Whether the payment of Court fee in the appeal
         towards counter-claim is sufficient to maintain
         the appeal against the judgment and decree and
         also dismissal of the counter-claim?

                                                   ______
                                                   SRS,J


                    I.A.No.2 of 2022
      Issue notice to the respondent.

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

List on 20.12.2022.

_________ SRS,J KA