Thalari Ammaji vs Sagara Venkatarao
2023 Latest Caselaw 2471 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                   MAIN CASE No. S.A.No.93 of 2023

                          PROCEEDING SHEET

Sl.     Date                             ORDER                             OFFICE
No                                                                          NOTE

      26.04.2023   Dr.VRKS,J

                                 S.A.No.93 of 2023

                         Learned    counsel   for    appellant   is   in

                   attendance and proof of service is filed indicating

                   service of notice for respondent No.1 but none

entered appearance.

This matter has been coming up for

hearing before admission in terms of Rule 48 of

Andhra Pradesh Agency Rules,1924 read with

Section 100 CPC.

Having considered the submissions of

learned counsel and on perusing the judgments

of the two authorities below, the following

substantial questions of law are formulated:

1. Whether the lower appellate Court acted

legally in reversing the well considered

Judgment of the Agency Sub-Ordinate

Judge, Paderu in suit for declaration and

consequential relief of permanent injunction even though the plaintiff/1st

respondent has failed to prove that he has

title and is in possession of the property

in Sy.No. 204/2 to an extent of Ac 2.00

cents as on the date of filing of the suit?

2. Whether the lower appellate court acted

legally in not considering the evidence of

Appellants herein i.e., a) certificate of

possession, b) judgment in LTR case No.

1285/77, c) judgment in LTR case No.

149/79, d) judgment in ACMA No.

44/2004 and e) pattadar passbook/ title

deed issued in favour of appellant to an

extent of Ac 2.00 cents clearly shows that

the appellant herein/defendant No.1 is in

possession and enjoyment of the suit

schedule land?

3. Whether the lower appellate Court is right

in delivering orders in favour of

plaintiff/appellant even though the Court

came to the conclusion that there are no

merits to interfere with the orders of the

lower Court but directed the Tahsildar, Dumbriguda to take action as per

procedure to evict the tribals which is

beyond the prayer sought in the suit?

4. Whether the 1st appellate Court failed to

comply with the legal mandate under

Order XLI Rule 31 CPC, as it failed to

settle any point for consideration to reach

to conclusions.

Admit.

List the matter for final hearing after eight

weeks.

_________ Dr.VRKS,J

I.A.No.1 of 2023

This application is filed under Section

151 of CPC seeking stay of all further

proceedings in pursuance of orders of learned 1st

appellate Court.

Today, the second appeal has been

admitted on certain substantial questions of law.

The operative portion of 1st appellate Court's

order is totally contradictory in terms. It is in

these circumstances, stay as prayed for, is granted as a measure of interim relief and shall

exist till the next date of hearing.

_________ Dr.VRKS,J

DVS