Muddala Venkata Satyanarayana, vs Muddala Suryakantham
2024 Latest Caselaw 9225 AP

Andhra Pradesh High Court - Amravati

Muddala Venkata Satyanarayana, vs Muddala Suryakantham on 4 October, 2024

Author: K Suresh Reddy

Bench: K Suresh Reddy

        HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

   MAIN CASE No.: Second Appeal No.428 of 2024


                         PROCEEDING SHEET

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3)  04.10.2024 KSR, J

                               SA No.428 of 2024
                     Defendants 1 to 3 in OS No.73 of 2015 on
               the file of the Court of the Principal Junior Civil
               Judge, Palakol, are the appellants in the present
               Second Appeal. The respondent herein filed the

above suit against the appellants herein for grant of permanent injunction. The suit was contested by the appellants and both sides adduced evidence in terms of their pleadings. After an elaborate trial, the learned Principal Junior Civil Judge, Palakol, dismissed the suit, by judgment and decree dated 22.10.2018. Aggrieved by the same, the respondent herein filed an appeal in AS No.82 of 2018 on the file of the Court of the X Additional District Judge, Narsapur. After hearing both sides, the learned X Additional District Judge allowed the appeal, by judgment and decree dated 29.01.2024. Questioning the same, the present Second Appeal is filed by the defendants.

In view of the following substantial questions of law raised at Ground Nos.31, 32 and 33 of the Grounds of Appeal, ADMIT.

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"31. Whether in the facts and circumstances of the case, the first appellate Court is erred by misreading the documentary evidence more particularly Exs.A1 to A3 pattadar passbook, Adangal and tax receipt and Ex.B1 sale deed and Ex.B2 endorsement issued by the Tahsildar?.

32. Whether in the facts and circumstances of the case, the lower appellate Court has given go bye to the provisions of Sections 101 and 114 of the Evidence Act and Sections 34, 37 and 38 of the Specific Relief Act?

33. Whether in the facts and circumstances of the case the lower appellate Court has failed to hold that the husband of plaintiff has no title under Ex.B1 sale deed, can make a gift of plaint schedule property to the plaintiff, when the plaintiff as PW.1 admits in her evidence that her husband has not purchased the suit schedule property under Ex.B1 sale deed and he is not a party to Ex.B1 sale deed?"

In the circumstances, status quo obtaining as on today shall be maintained by both the parties.

                                                                ______
                                                                KSR, J
                 Nsr





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