M. Nageswara Alias Nageswaraiah vs M. Eswaramma
2022 Latest Caselaw 6496 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                            MAIN CASE: S.A.No.212 of 2019

                                   PROCEEDING SHEET

Sl.      Date                                ORDER                                OFFICE
No.                                                                                NOTE

20    07.09.2022   SRS,J
                                     S.A.No.212 of 2019

                          Plaintiff in O.S.No.76 of 2012 filed the above
                   second appeal against the judgment and decree dated
                   30.01.2019 in A.S.No.20 of 2016 on the file of III
                   Additional District Judge, Rajampet setting aside the
                   judgment and decree dated 26.08.2016 in O.S.No.76 of
                   2012 on the file of Junior Civil Judge, Rajampet.
                          The   appellant,    being   plaintiff,   filed   suit
                   O.S.No.76 of 2012 restraining the 1st defendant from
                   causing any obstruction to the plaintiff's peaceful
                   possession and enjoyment and to declare that entries
                   made by defendants 3 to 5 in the revenue records in
                   the name of 1st defendant are erroneous and order the
                   same in the name of plaintiff in respect of suit schedule
                   property.

                          The trial Court decreed the suit by judgment and
                   decree dated 26.08.2016. Aggrieved by the same, 1st
                   defendant preferred A.S.No.20 of 2016 and the same
                   was allowed by judgment and decree dated 30.01.2019
                   against which, the present second appeal is filed by the
                   plaintiff.
                          Heard.
                          ADMIT.
                          The following substantial questions of law arise
                   for consideration:
                      1.

Whether the entries in the revenue records confer title? If not, whether the judgment of the lower appellate Court is vitiated?

2. Whether in the facts and circumstances of the case, the findings of the lower appellate Court that the preliminary decree determining the rights of parties becomes invalid or not binding because of that the final decree was not obtained is legally sustainable?

3. Whether the judgment and decree of the lower appellate Court is vitiated in not framing points for consideration under Order 41 Rule 31 of CPC?

_________ SRS,J

I.A.No.1 of 2019

This application is filed seeking stay of operation of decree in A.S.No.20 of 2016 on the file of III Additional District Judge, Rajampet.

Suit O.S.No.76 of 2002 filed by plaintiff seeking injunction and other reliefs, was decreed by the trial Court on 26.08.2016. Against which, 1st defendant filed appeal A.S.No.20 of 2016 and by judgment and decree dated 30.01.2019, the appeal was allowed and suit O.S.No.76 of 2002 was dismissed. In view of dismissal of the suit, relief sought for in I.A.No.1 of 2019 is misconceived.

Accordingly, I.A.No.1 of 2019 is dismissed.

_________ SRS,J PVD