Dhulipudi Laxminarsamma vs The State Of Andhra Pradesh
2024 Latest Caselaw 10590 AP

Andhra Pradesh High Court - Amravati

Dhulipudi Laxminarsamma vs The State Of Andhra Pradesh on 23 November, 2024

                     HIGH COURT OF ANDHRA PRADESH
                       MAIN CASE No: S.A.No.679 of 2024
                              PROCEEDING SHEET

SL.     DATE                               ORDER                             OFFICE
NO.                                                                           NOTE
3.    23.11.2024   NJS, J
                                    I.A.No.1 of 2024

                          Heard        Mr.M.R.S.Srinivas,        learned
                   counsel for petitioner/appellant.
                          While referring to the relevant portions of
                   the order of the trial Court rendered in the suit
                   and the order of the lower appellate Court, the
                   learned counsel made submissions, inter alia
                   that the lower appellate Court went wrong in
                   reversing the order of the trial Court, by relying
                   on section 18 CPC. He submits that pending
                   disposal of the suit, an order of injunction was in
                   force in favour of the petitioner/ plaintiff and the
                   same     was not suspended by the               lower
                   appellate Court.
                          The matter requires consideration in view
                   of the following substantial questions of law:
                      1. Whether the judgment and decree of the lower
                          appellate Court is sustainable in the eye of law
                          for its perverse appreciation of evidence as the
                          pleading is not a proof and especially when the
                          1st respondent remained exparte and the 2nd

respondent did not adduce any evidence to establish its case.

2. Whether the judgment and decree of the lower appellate Court, with respect are vitiated for erroneously relying upon Sections 18 of CPC SL. DATE ORDER OFFICE NO. NOTE ignoring the Section 17 of the CPC in the light of Ex.A1 to Ex.A3, which would clinchingly establish that the suit schedule property is situated within the State of Andhra Pradesh, the 1st respondent and that the report of advocate commissioner is part of the Court record with or without examining the advocate commissioner.

3. Whether the judgment and decree of the lower appellate Court, with respect, are not vitiated and when they are based on surmisers and conjectures and further vitiated when it failed to frame appropriate issues as mandated under Order 41 Rule 31 CPC, especially when there is no rebuttal evidence from the evidence adduced on behalf of the appellant.

Admit.

In the light of substantial questions of law and as the appeal is filed against the reversing judgment, the respondents are restrained from interfering with the peaceful possession and enjoyment of the petitioner in respect of the subject matter property.

Mr.Shaik Meeravali, learned counsel appeared on behalf of respondent No.2.

Issue notice to respondent No.1 The learned counsel for the appellant is permitted to take out personal notice on the respondent No.1 by registered post with acknowledgment due and file proof of service in the Registry by the date of next adjournment.

 SL.   DATE                      ORDER                         OFFICE
NO.                                                            NOTE

List the matter after three (3) weeks.

                                                  _________
                                                  NJS, J
             sj
 SL.   DATE   ORDER   OFFICE
NO.                   NOTE