Nallala Ramanamma vs Nallala Chellayya
2024 Latest Caselaw 10623 AP

Andhra Pradesh High Court - Amravati

Nallala Ramanamma vs Nallala Chellayya on 25 November, 2024

         HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE: S.A.No.692 of 2024

                          PROCEEDING SHEET
Sl.                                                                   OFFICE
No.     DATE                         ORDER                             NOTE

 2.   25.11.2024 NJS, J

                                 I.A.No.1 of 2024

                      Heard learned counsel for the petitioner /
                appellant.
                      Considering the submissions made that the
                appeal is filed against the reversing Judgment
                and further that pending disposal of the suit,
                interim injunction was in force and the same was
                not suspended by the Lower Appellate Court,
                pending disposal of the Appeal, this Court is
                inclined to grant interim suspension of the
                Judgment and Decree under challenge, more
                particularly in view of the following substantial
                questions of Law:
                      a) Whether on the facts and circumstances
                of the case, the reversing Judgment of the Lower
                Appellate Court is vitiated in that its approach is
                essentially erroneous and its conclusions were
                founded on surmises and conjectures without any
                factual or legal basis ignoring and misreading the
                evidence on record, especially the evidence of the
                P.W.3(MRO) and Ex.A1 (Possession Certificate)
                and demeanor of the witnesses in the Court?
                      2



       b) Whether on the facts and circumstances
of the case the Lower Appellate Court is right in
reversing the well founded Judgment and Decree
of the trial Court by re-appreciating the entire
evidence on record and coming to opposition
conclusion      is   within      the   parameters   as
contemplated by the Apex Court in 2022 (1) SCC
115.
       Admit.
       Accordingly,      there     shall   be   interim
suspension as prayed for.
                 S.A.No.692 of 2024
       Issue notice to the respondent.

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

List this case on 06.01.2025.

______ NJS, J BLV