Momin Masumdied As L.Rs vs P.Ravindra Reddy ,
2022 Latest Caselaw 7329 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                               MAIN CASE : S.A.No.409 of 2022
                                      PROCEEDING SHEET
Sl.      Date                                      ORDER                                     OFFICE
No.                                                                                           NOTE


01.   23.09.2022   SRS,J
                                         S.A.No.409 of 2022
                          Defendants filed the present second appeal
                   against the judgment and decree, dated 28.02.2022
                   passed in A.S.No.55 of 2016 on the file of learned VI
                   Additional     District       Judge,   Kurnool,       reversing     the
                   judgment and decree, dated 24.09.2016 passed in
                   O.S.No.52 of 2009 on the file of learned Additional
                   Senior Civil Judge, Kurnool.

                          Plaintiff      filed     O.S.No.52      of    2009     seeking
                   declaration of his title over the plaint schedule property
                   and   for    consequential         injunction,      restraining     the
                   defendants, their men, agents, etc. from interfering
                   with his peaceful possession and enjoyment of the
                   plaint schedule property.

                          Trial Court dismissed the suit, against which
                   plaintiff    preferred        A.S.No.55   of     2016.    The     lower
                   appellate Court allowed the appeal in part with costs
                   declaring the plaintiff as owner of Ac.0-39½ cents of
                   the southern side of plaint schedule property and
                   granted        consequential           permanent           injunction
                   restraining     the     defendants        from      interfering   with
                   possession and enjoyment of the plaintiff over the said
                   property. Accordingly lower appellate Court set aside
                   the judgment of the trial Court to the above extent.
                   Aggrieved by the same, defendants filed the present
                   Second Appeal.
       Heard.

      Admit.

      The following substantial question of law arises
for consideration.

      Whether in a suit for declaration of title and
      recovery of possession, plaintiff is allowed to
      plead adverse possession as an alternative relief?

                                                 ______
                                                  SRS,J



                     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 by 21.10.2022.

Post on 21.10.2022.

______ SRS,J ikn