Sri Edupuganti Kondaiah vs Jawahar Navodaya Vidyalaya
2022 Latest Caselaw 7508 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE NO.: S.A.No.68 of 2021
                              PROCEEDING SHEET
Sl.                                                                           OFFICE
No.
         Date                              ORDER                               NOTE


22    29.09.2022

SRS, J S.A.No.68 of 2021

Defendant in O.S.No.371 of 2006 filed the

present second appeal against the judgment and

decree dated 13.10.2020 in A.S.No.16 of 2016 on the

file of VI Additional District Judge, West Godavari at

Eluru, confirming the judgment and decree dated

31.07.2015 in O.S.No.371 of 2006 on the file of the

Principal Senior Civil Judge, Eluru.

Suit O.S.No.371 of 2006 was filed by the plaintiff

for eviction of possession of schedule property and for

damages of Rs.60,000/- for use and occupation of

schedule property by defendant from 2003 to 2006.

Trial Court decreed the suit. Aggrieved by the

same, defendants filed appeal A.S.No.16 of 2016 and

the same was dismissed by judgment and decree dated

13.10.2020. Hence, the present Second Appeal is filed.

Heard.

ADMIT.

The following substantial question of law, arise

for consideration, in the second appeal:

1) Whether the suit filed by the lessor without

arraying the owner of the property for recovery of possession is maintainable? If so, the judgments of the Courts below are liable to be set aside?

2) Whether the findings recorded in Ex.A-5, will operate as resjudicata without marking the pleadings in O.S.No.783 of 1998, in view of judgment of the Apex Court in V.Rajeshwari Vs. T.C. Saravanabava [(2004) 1 SCC 551]?

__________ SRS, J PVD