Sri Gadu Kannayya vs Gadu Raja Rao
2022 Latest Caselaw 7373 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE : S.A.No.418 of 2022
                             PROCEEDING SHEET

Sl.      Date                                    ORDER                              OFFIC
No.                                                                                   E
                                                                                    NOTE

      26.09.2022
                   SRS,J
                                        S.A.No.418 of 2022
                          Plaintiffs filed the present second appeal against
                   the judgment and decree, dated 07.07.2022 passed in
                   A.S.No.40 of 2019 on the file of the II Additional District
                   Judge, Srikakulam, reversing the judgment and decree,
                   dated 16.02.2018 passed in O.S.No.456 of 2011 on the
                   file of the Principal Senior Civil Judge, Srikakulam.

                          The suit in O.S.No.456 of 2011 was filed to declare
                   that the plaintiffs have got right, title and possession
                   over the plaint schedule property and for permanent
                   injunction restraining the defendants not to alienate the
                   plaint schedule properties and for costs of the suit.

                          The trial Court decreed the suit with costs.
                   Aggrieved    by   the    same,   the   defendants   preferred
                   A.S.No.40 of 2019 and the same was allowed by
                   judgment and decree dated 07.07.2022, reversing the
                   judgment and decree in O.S.No.456 of 2011. Hence, the
                   suit is dismissed. Therefore, the present Second Appeal
                   is filed by the plaintiffs.

                          Heard.
                          Admit.
                          The following substantial question of law arises for
                   consideration.

                          Whether dismissing the suit by placing reliance on
                          Exs.B.3 and B.4 - post litem motam documents
                          vitiates the judgment of the lower appellate Court?

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

       This Interlocutory Application is filed seeking ad
interim injunction restraining the respondents from

alienating the plaint schedule properties from third parties.

In Para No.8 of the affidavit filed in support of the petition it is contended that pending the suit, petitioners/appellants filed I.A.No.794 of 2011 for grant of injunction not to alienate the plaint schedule properties and the same was granted pending the disposal of the suit. Eventually, the suit itself was decreed and in the appeal no application was filed seeking suspension of the judgment.

Considering the facts and circumstances of the case, ad interim injunction is granted in respect of the plaint schedule properties restraining the respondents from alienating the plaint schedule properties pending second appeal.

Issue notice to the respondents.

Learned counsel for the petitioners is permitted to take out personal notice to the respondents by registered post with acknowledgment due and file proof of service in the Registry.

List the matter on 31.10.2022.

______ SRS,J KA