Patnam Uma Maheswari vs Pallamreddy Venkata Sesha Reddy
2024 Latest Caselaw 9949 AP

Andhra Pradesh High Court - Amravati

Patnam Uma Maheswari vs Pallamreddy Venkata Sesha Reddy on 6 November, 2024

                     HIGH COURT OF ANDHRA PRADESH
                                                                                 8

  MAIN CASE NO:       SA. No.658 of 2024
                                 PROCEEDING SHEET
Sl.      Date                              ORDER                               OFFICE
No.                                                                             NOTE

      06.11.2024   BSB, J
                                    S.A.No.302 of 2024

                         Heard learned counsel for the appellant/plaintiff.

                         Perused the record.

                        The suit in O.S.No.427 of 2018 is filed by the
                   plaintiff for specific performance of an agreement of
                   sale dated 21.09.2017 or in the alternative for refund of
                   earnest money of Rs.28,20,000/- with interest at 24%
                   p.a., from the date of agreement till realization, for
                   permanent injunction restraining the defendant, his
                   men, agents, servants etc., from interfering with the
                   plaintiff's peaceful possession and enjoyment of the
                   plaint schedule property and for costs and the suit was
                   partly decreed with costs.

                        Having been aggrieved by the decree and
                   judgment, the defendant preferred the appeal in
                   A.S.No.75 of 2023. The appellate Court partly allowed
                   with costs.

                        Having been aggrieved by the same, the second
                   appeal is preferred by the plaintiff by raising the
                   following substantial questions of law:
                           2
                                                    SA.No.658 of 2024

   1. Whether the first appellate Court has not rightly
      appreciated evidence on record?
   2. Whether the first appellate Court has not right in
      reversing the decree and judgment of the trial
      Court?
   3. To what relief?

     ADMIT.

      Issue notice to the respondent.

Learned counsel for the appellant is permitted to take out personal service of notice to the respondent through R.P.A.D. and file proof thereof.

Post on 04.12.2024.

__________________ B.S.BHANUMATHI, J

This petition is filed to direct the defendant/respondent not to create any third party rights for the plaint schedule property in O.S.No.427 of 2018 on the file of Principal Senior Civil Judge, Nellore.

For the reasons stated in the affidavit, interim order as prayed for is granted till 04.12.2024.

Issue notice to the respondent.

__________________ B.S.BHANUMATHI, J

PNV