Golla Prameela vs Tadi Rajababu
2024 Latest Caselaw 9476 AP

Andhra Pradesh High Court - Amravati

Golla Prameela vs Tadi Rajababu on 19 October, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

          HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

              MAIN CASE: Second Appeal No. 631 of 2024

                             PROCEEDING SHEET

Sl.                                                                                            OFFICE
      DATE                                        ORDER
No                                                                                              NOTE


01. 19.10.2024 NJS, J
                                            I.A No.1 of 2024
                    Delay        of         161   days        in      re-presentation     is
               condoned.
                                           S.A No.631 of 2024
                    Heard learned counsel for the appellant.
                    Considering the submissions made, the appeal is
               arising out of reversing Judgment and in view of the
               following substantial questions of law, the matter
               requires consideration:-
                            i.        Whether, on the facts and in the
                                      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, holding that if the injunction
                                      is     granted     in        favour     of    the
                                      plaintiff/appellant the same would be
                                      misused by the plaintiff/appellant by
                                                                                               Cont....2
                             2

                  causing       obstructions    to     the
                  defendant/respondent for free access

especially when both the parties are equally entitled to have a right of way over the ABCDEF rastha.?

ii. Whether, on the facts and in the circumstances of the case, the judgment of the Lower Appellate Court is vitiated since it has not conforms to the requirements of 0.41 Rule 31 CPC.?

Admit.

Issue notice to the respondent. Learned counsel for the appellant is permitted to take out personal notice on the respondent by registered post with acknowledgement due and file proof of service in the Registry by the date of next adjournment.

List the matter on 18.11.2024.

_____ NJS, J RSD