M H Lakshminarayana Reddy vs Dr B Rami Reddy
2024 Latest Caselaw 10530 AP

Andhra Pradesh High Court - Amravati

M H Lakshminarayana Reddy vs Dr B Rami Reddy on 20 November, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

                                   1




APHC010473992024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3494]
                          (Special Original Jurisdiction)

        WEDNESDAY ,THE TWENTIETH DAY OF NOVEMBER
             TWO THOUSAND AND TWENTY FOUR

                               PRESENT

     THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

     THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

                       FIRST APPEAL NO: 578/2024

Between:

M H Lakshminarayana Reddy                           ...APPELLANT

                                 AND

Dr B Rami Reddy                                    ...RESPONDENT

Counsel for the Appellant:

1. V SURENDRA REDDY

Counsel for the Respondent:

1.

The Court made the following:

I.A.No.1 of 2024

Heard the learned counsel for the petitioner/appellant.

The learned counsel for the petitioner/appellant, apart from the grounds raised in the memorandum of appeal, contended that the learned Trial Court went wrong in dismissing the suit, by referring to Ex.B1 & B2 legal notices, but the same were suppressed by the petitioner/appellant. It is his contention that in the written statement filed by the respondent, no plea with reference to the said notices was taken. He also contended that the respondent should have atleast pleaded the issuance of the said notices by filing additional written statement along with the documents on which the respondent seeks to establish his case, that in the absence of any specific pleadings, the learned Trial Court went wrong in appreciating the evidence Ex.B1 & B2 in the suit. In support of his contention, learned counsel relied on the judgment of the Hon'ble Supreme Court in Srinivas Raghavendrarao Desai (Dead) by Lrs Vs. V.Kumar Vamanrao @ Alok and Ors1 contending that the Trial Court has not assigned any cogent reasons for rejecting alternative relief of refund of money, he seeks interim relief, pending disposal of the main appeal.

The issue raised by the learned counsel for the petitioner/appellant requires some detail consideration. Prima Facie

[2024] 3 S.C.R.46 : 2024 INSC 165

case is made out for granting interim order. Therefore, there shall be an interim direction to the respondent/defendant not to create any third party interest in respect of the subject matter property in any manner, pending further orders.

FIRST APPEAL NO: 578/2024

Issue notice to the respondent, returnable in four (04) weeks.

Learned counsel for the petitioner is permitted to take out personal notice to the respondent through RPAD and file proof of service in the Registry.

List the matter on 18.12.2024.

____________________ NINALA JAYASURYA,J

____________________ SUMATHI JAGADAM,J

Date: 20.11.2024 ANS