P. Srinivasulu Reddy, vs P. Salamma,
2022 Latest Caselaw 7850 AP

Citation : 2022 Latest Caselaw 7850 AP
Judgement Date : 14 October, 2022

Andhra Pradesh High Court - Amravati

P. Srinivasulu Reddy, vs P. Salamma, on 14 October, 2022

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                     MAIN CASE NO.: S.A.No.458 of 2022
                           PROCEEDING SHEET
Sl.                                                                         OFFICE
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      Date                               ORDER                               NOTE


01 14.10.2022

SRS, J

I.A.No.1 of 2022 Heard.

For the reasons mentioned in the affidavit

filed in support of the petition, the delay of 133 days

in representing the appeal is condoned.

Accordingly, this petition is ordered.

___________ SRS, J

S.A.No.458 of 2022

Plaintiffs in the suit filed the present second

appeal against the judgment and decree dated

18.12.2020 in A.S.No.4 of 2015 on the file of IV

Additional District Judge, Tirupati, confirming the

judgment and decree dated 09.09.2014 in

O.S.No.445 of 2011 on the file of I Additional Junior

Civil Judge, Tirupati.

Suit O.S.No.445 of 2011 was filed by plaintiffs

seeking permanent injunction restraining the

defendants and their men from ever interfering with

the peaceful possession and enjoyment by laying

any pathway without any manner of right in the

lands of plaintiffs.

Trial Court dismissed the suit by judgment

and decree dated 09.09.2014. Aggrieved by the

same, plaintiff filed appeal A.S.No.4 of 2015 and the

same was dismissed by judgment and decree dated

18.12.2020. Hence, the present Second Appeal is

filed.

Heard.

ADMIT.

The following substantial questions of law,

arise for consideration, in the second appeal:

1) Whether the Courts below followed the ratio laid down the Apex Court in Shri Raja Durga Singh of Solan Vs. Tholu (AIR 1963 SC 361) that "where there is conflict between prior and subsequent entries, the latter entries must prevail"?

2) Whether the Courts below properly perceived Section 38 of the Specific Relief Act, 1963 i.e. relief of injunction can be granted even if no declaratory relief is expressly prayed as laid down in 1999 (2) ALT 192?

___________ SRS,J

PVD