Thatla Peda Apparao vs Kolli Sanni Babu
2024 Latest Caselaw 9183 AP

Andhra Pradesh High Court - Amravati

Thatla Peda Apparao vs Kolli Sanni Babu on 4 October, 2024

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         HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI                                    30
                                                                                       91
                          MAIN CASE No: A.S.No.93 of 2022
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                                PROCEEDING SHEET                                       34
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Sl.                                                                               OFFICE
      DATE                                    ORDER                                    24
No.                                                                                NOTE
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23. 04.10.2024 TMR, J                                                                  30
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                                       I.A.No.1 of 2023
                                                                                       13
                        This Interlocutory Application is filed:                       45
                        to amend the prayer in I.A.No.01 of 2022,                      32
                                                                                       83
                        to grant stay of all further proceedings including
                                                                                       45
              execution of the judgment and decree dated 31.01.2022                    64
              passed in O.S.No.133 of 2011 on the file of the learned II               45
                                                                                       51
              Additional District Judge, Visakhapatnam,
                                                                                       26
                        to grant injunction against the respondents herein from        20

anyway interfering with the possession of the petitioner 59 herein in respect of lands admeasuring an extent of Ac.1.89 87

cents in Sy.No.21/LD and 21/2E of Bhogapuram Village and 55

Today, when the matter is taken up, learned counsel 52

for the petitioners/appellants not pressed the application and

an endorsement has also been made on the bundle to that 34

For the reasons stated above, this Interlocutory

Contd...

This Interlocutory Application is filed to amend Para-8 in I.A.No.01 of 2022 in following words:

"8. It is further submitted that the Trial Court ought to have seen that the I Additional District Judge, Visakhapatnam initially granted temporary injunction in favour of the plaintiff in IA No.427 of 2011 in OS No. 133 of 2011. Thereafter, the said injunction was vacated vide order dt.21.03.2013, stating that the plaintiff failed to produce any revenue records to show his possession. Further the Trial Court ought to have appreciate the finding of the I Additional District Judge, Visakhapatnam that the respondent No.1/plaintiff is not in a possession of the suit schedule property either on the date of filing of the suit or prior to filing of the suit. I submit that, I am in absolute possession and enjoyment of the property and the respondent was never in possession of the property. The Trial Court initially, rightly dismissed the temporary injunction petition, however erroneously allowed the suit."

Heard both the learned counsels. For the reasons stated in the accompanying affidavit filed in support of the application, this application is allowed.

Registry is directed to carry out necessary amendments.

________ TMR, J

This Interlocutory Application is filed to amend Para-8 grounds of appeal in following words:

"8. That the Trial Court ought to have seen that the I Additional District Judge, Visakhapatnam initially granted Contd...

temporary injunction in favour of the plaintiff in IA No.427 of 2011 in OS No.133 of 2011. Thereafter, the said injunction was vacated vide order dt.21.03.2013, stating that the plaintiff failed to produce any revenue records to show his possession."

Heard both the learned counsels. For the reasons stated in the accompanying affidavit filed in support of the application, this application is allowed.

Registry is directed to carry out necessary amendments.

________ TMR, J

List the matter after two weeks.

________ TMR, J MKK