Mallupalli Gajendranath vs Mallupalli Santhakumar
2022 Latest Caselaw 7581 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                           MAIN CASE : S.A.No.151 of 2022
                                     PROCEEDING SHEET
Sl.      Date                                  ORDER                                   OFFIC
No                                                                                       E
                                                                                       NOTE

      10.10.2022
                   SRS,J
                                         S.A.No.151 of 2022
                          Plaintiff filed the present second appeal against
                   the judgment and decree, dated 31.01.2020 passed in
                   A.S.No.1 of 2017 on the file of the Senior Civil Judge,
                   Punganur, reversing the judgment and decree, dated
                   07.12.2016 passed in O.S.No.307 of 2008 on the file of
                   the Principal Junior Civil Judge, Punganur.

                          The suit in O.S.No.307 of 2008 was filed by the
                   plaintiff   for    permanent     injunction     restraining   the
                   defendants,       their   men,   agents,      family   members,
                   followers and representatives from interfering with his
                   peaceful possession and enjoyment over the suit
                   schedule property and for costs.

                          The trial Court decreed the suit with costs on
                   07.12.2016. Aggrieved by the same, the defendants
                   preferred A.S.No.1 of 2017 and the same was allowed on
                   31.01.2020. Hence, the suit is dismissed. Therefore, the
                   present Second Appeal is filed by the plaintiff.

                          Heard.
                          ADMIT.

                          The following substantial questions of law arise
                   for consideration.

                          1) Whether the judgment and decree of the lower
                               appellate Court is vitiated in not framing a
                               point for consideration under Order 41 Rule
                               31 of CPC?
        2) Whether the judgment and decree of the lower
          appellate Court is in consonance with Section
          3 of the Specific Relief Act. 1963?


                                                     ______
                                                      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 to the respondents by registered post with acknowledgment due and file proof of service in the Registry.

List on 14.11.2022.

______ SRS,J KA