Chinamuthevi Veer Vasantha Rao vs Pinnanti Srinu
2022 Latest Caselaw 7671 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.452 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

11.10.2022 SRS,J S.A.No.452 of 2022 Plaintiff filed the present second appeal against the judgment and decree, dated 20.06.2022 passed in A.S.No.22 of 2018 on the file of the I Additional District Judge, Krishna at Machilipatnam, confirming the judgment and decree, dated 21.09.2017 passed in O.S.No.176 of 2007 on the file of the Principal Senior Civil Judge at Machilipatnam, Krishna District.

The suit in O.S.No.176 of 2007 was filed by the plaintiff for mere permanent injunction, restraining the defendant herein from interfering with the possession and enjoyment of plaintiff in plaint schedule property.

The trial Court dismissed the suit without costs. Aggrieved by the same, plaintiff preferred A.S.No.22 of 2018 and the same was dismissed without costs on 20.06.2022 confirming the judgment and decree in O.S.No.176 of 2007. Therefore, the present Second Appeal is filed by plaintiff.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the decree and judgments of the courts below vitiate for not applying the principle presumption under Section 90 of Indian Evidence Act?

2) Whether the decree and judgment of the appellate Court is vitiated for non considering / referring the written arguments dated 14.06.2022 submitted on behalf of plaintiff under Order XVIII Rules 2, 3(A) of CPC?

3) Whether the lower Court is justifying in not adjudicating in I.A.No.164 of 2022 filed under Order 26 Rule 9 of CPC along with the appeal?

4) Whether the Presiding Officer of the appellate Court can adjudicate the appeal in the light of adjudication of earlier suit i.e. O.S.No.394 of 2003 (Ex.B.1) between the same parties by the same Presiding Officer?

______ SRS,J KA