Nanduri Savitri vs Goliya Pedda Kantamma
2022 Latest Caselaw 7974 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.134 of 2022
                                   PROCEEDING SHEET
Sl.      Date                                   ORDER                              OFFICE
No.                                                                                 NOTE

5.    19.10.2022
                   SRS,J
                                        S.A.No.134 of 2022
                          Defendants filed the present second appeal
                   against the judgment and decree, dated 08.12.2021
                   passed in A.S.No.57 of 2018 on the file of learned VI
                   Additional District Judge, Sompeta, confirming the
                   judgment and decree, dated 26.09.2018 passed in
                   O.S.No.34 of 2009 on the file of learned Junior Civil
                   Judge, Ichapuram.

                          Plaintiff filed O.S.No.34 of 2009 for injunction
                   restraining the defendants, their agents, associates,
                   servants and workmen from interfering with her
                   possession over the plaint schedule property.

                          The trial Court decreed the suit with costs
                   granting     permanent       injunction     restraining   the
                   defendants, their servants, agents and henchmen from
                   ever   interfering    with   the   lawful   possession    and
                   enjoyment of the plaintiff over the plaint schedule
                   property. Aggrieved by the same, defendants filed
                   A.S.No.57 of 2018 and the same was dismissed,
                   against which the present second appeal is filed by the
                   defendants.

                          Heard.

                          Admit.

                          The following substantial questions of law arise
                   for consideration.
          1. Whether the judgments of the Courts
             below are vitiated in not considering Ex.B2
             in proper perspective?

         2. Whether a suit for simple injunction is
             maintainable         when   plaintiff     and
             defendants are claiming title over the
             plaint schedule property basing on Exs.A1
             and B1 respectively?



                   I.A.No.1 of 2022

      Issue notice to the respondent.

Learned counsel for the petitioners is permitted to take out personal notice on the respondent through RPAD and file proof of service.

Post on 23.11.2022.

______ SRS,J ikn