Annem Kondalarao vs Vanapalli Jayalakshmi Venkata Lakshmi
2024 Latest Caselaw 9478 AP

Andhra Pradesh High Court - Amravati

Annem Kondalarao vs Vanapalli Jayalakshmi Venkata Lakshmi on 19 October, 2024

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

          HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

              MAIN CASE: Second Appeal No. 632 of 2024

                            PROCEEDING SHEET

Sl.                                                                           OFFICE
      DATE                                   ORDER
No                                                                             NOTE


01. 19.10.2024 NJS, J
                                     I.A No.1 of 2024
                    Heard learned counsel for the appellants who
               appeared online.
                    Considering the submissions made, the appeal is
               filed against reversing Judgment and in view of the
               light of the following substantial questions of law, the
               matter requires consideration:-
                           i.    Whether the appellate court is right
                                 in set-asiding the well considered
                                 judgement and decree passed by the
                                 trial court in a suit for permanent
                                 injunction        simplicitor     without
                                 establishing      the   possession     and
                                 enjoyment over the plaint schedule
                                 property     without    establishing   the
                                 prime facie case by producing the
                                 documentary        evidence     that   the
                                 plaintiff    is   in    possession     and
                                 enjoyment of the property.?

                           ii.   Whether the appellate court is right
                                 in set-asiding the well considered
                                 judgment and decree of the trial
                                                                              Cont....2
                                  2

                    court        throwing       burden        on      the
                    defendant in a suit for permanent
                    injunction                the           paramount
                    consideration that the plaintiff who
                    came before the court for the relief
                    prayed has to establish their lawful
                    possession and enjoyment over the
                    suit schedule and further the plaintiff
                    has     to       prove     that   there     is    an
                    interference from the defendant over
                    the plaint schedule property?


            iii.    Whether the appellate court is right
                    in granting injunction in a suit for
                    injunction,        the      plaintiff     has      to
                    necessarily establish that the is in
                    lawful possession of the suit schedule
                    property as on the date of filing of
                    the suit and the defendant interfered
                    with possession in unlawful manner,
                    the burden lies on the plaintiff to
                    prove her settle possession.?


            iv. Whether               the      plaintiff     suit     for
                    permanent                injunction        without
                    seeking          declaration       of     title    is
                    maintainable under law.?
     In view of the above substantial questions of law
involved   in      the    matter,           there     shall     be     interim
suspension as prayed for.
                        3

                 S.A.No.632 of 2024
      Admit.
      Issue notice to the respondent.

Learned counsel for the appellants 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