Challagalla Vijaya Lakshmi vs Abhinandana Groups Pvt Ltd
2022 Latest Caselaw 7247 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.381 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

21.09.2022 SRS,J

S.A.No.381 of 2022 Plaintiff filed the present second appeal against the judgment and decree, dated 21.03.2022 passed in A.S.No.29 of 2016 on the file of the XI Additional District and Sessions Judge, Krishna, Gudivada, reversing the judgment and decree, dated 31.03.2016 passed in O.S.No.98 of 2009 on the file of the Principal Senior Civil Judge at Gudivada.

The suit in O.S.No.98 of 2009 was filed by the plaintiff to cancel the registered sale agreement-cum- General Power of attorney dated 30.07.2007 in favour of the 1st defendant as illegal, invalid and vitiated by misrepresentation and fraud and for consequential relief of declaration that the sale deed dated 01.08.2007 executed by the 1st defendant in favour of the 2nd defendant is illegal, invalid and not binding on the plaintiff and for permanent injunction restraining the 2 nd defendant from trespassing over the plaint schedule property or interfere with the possession and enjoyment of the plaintiff therein and for costs of the suit.

The trial Court decreed the suit with costs. Aggrieved by the same, the 2nd defendant preferred A.S.No.29 of 2016 and the same was allowed by judgment and decree dated 21.03.2022, reversing the judgment and decree in O.S.No.98 of 2009. Hence, the suit was dismissed. Therefore, the present Second Appeal is filed by the plaintiff.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1) Whether the judgment and decree of the lower appellate Court is vitiated in not framing the point for consideration under Order 41 Rule 31 of C.P.C as mandated in case of H.Siddiqui vs. A. Ramalingam reported in (2011) 4 SCC 240?

2) Whether the judgment and decree of the lower appellate Court is vitiated in not drawing adverse inference under Section 114 (illustration (g)) of Evidence Act, 1872 against the 1st defendant who has not entered into witness box?

______ SRS,J I.A.No.1 of 2022

List the matter on 18.10.2022, for filing counter.

______ SRS,J KA