Paltasing Aadhimurthy vs Paltasingi Karunakara Rao
2023 Latest Caselaw 3035 AP

      HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

                        A.S.No.222 of 2023

                        PROCEEDING SHEET

Sl.                                                                      OFFICE
      DATE                           ORDER
No.                                                                       NOTE
02. 10.05.2023 AVRB,J:
                                 I.A.No.2 of 2023
                    Heard    the     learned       counsel   for   the
              petitioners who submitted that challenging
              the judgment in A.O.S.No.1 of 2023, dated
              28.03.2023, he filed the appeal and insofar as
              I.A.No.1 of 2023 is concerned this Court
              ordered notice to respondents. He would

further submit that with regard to the disputed extent of land the respondent No.3 is going ahead with the construction and seeks for interim order.

A perusal of the decree reveals that the Court below insofar as an extent of 0.08 cents is concerned, made an order for apportionment among P.Sanyasamma, P.Kesava Murthy, P.Aadhimurthy and the Grama Panchayat, Vanabangi to an extent of 0.02 cents each and directed the Tahsildar, Pedabayalu to effect sub division accordingly.

Now, the contention of the petitioners is that even that exercise is not done to the knowledge of the petitioners. Under the circumstances, the act alleged against respondent No.3 is contra to the spirit of the order of Court below. The contention of the

petitioners is that the respondent No.3 is going ahead with the construction in the disputed land i.e., acres 0.08 cents. Under the circumstances, there appears to be a prima facie case in favour of the petitioners at this stage.

Under these circumstances, issue ad- interim injunction restraining the respondent No.3 from going ahead with the construction till 22.06.2023, subject to compliance of Order XXXIX Rule 3(a) by the petitioners.

Issue notice to respondents. List this interlocutory application on 22.06.2023.

_________ AVRB,J

Note: Issue cc today MH/SSN