Kurni Lakshmi Devi vs M.Puttalaiah Pedda Puttalaiah
2022 Latest Caselaw 7712 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.451 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

11.10.2022 SRS,J S.A.No.451 of 2022 Plaintiff filed the present second appeal against the judgment and decree, dated 19.07.2022 passed in A.S.No.30 of 2015 on the file of the III Additional District Judge, Kurnool at nandyal, reversing the judgment and decree, dated 18.04.2015 passed in O.S.No.332 of 2005 on the file of the Principal Junior Civil Judge, Nandyal.

The suit in O.S.No.332 of 2005 was filed by the plaintiff for permanent injunction restraining the defendant, his men, agents, assignees etc., from trespassing into the plaint schedule property and interfering with the peaceful possession and enjoyment of the same by plaintiff and for suit costs.

The trial Court decreed the suit with costs. Aggrieved by the same, defendant preferred A.S.No.30 of 2015 and the same was allowed on 19.07.2022. Hence, the suit is dismissed with costs. Therefore, the present Second Appeal is filed by plaintiff.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the lower appellate Court is right in dwelling upon into the aspects of adoption, will, title etc., in a suit for injunction simplicitor, in spite of the fact that from a perusal of Exs.A-5, A-6 and A-9 categorically establish the possession of the plaintiff?

2) Whether the lower appellate Court is right in not formulating a point for consideration and consider the same in the correct perspective on the basis of legal principles and the evidence on record?

3) Whether the lower appellate Court is right in ignoring the plaintiff's title which was categorically established by adducing documentary evidence Exs.A-5, A-6, A-9 and A- 10?

4) Whether the lower appellate Court is right in attaching undue importance to the subsequent documents Exs.B-3, B-4 and B-5 etc., which were brought into existence by collusion?

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I.A.No.1 of 2022

List on 18.10.2022.

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