Andhra Pradesh High Court - Amravati
Mallupalli Gajendranath vs Mallupalli Santhakumar on 10 October, 2022
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?
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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
