Vanukuru Radha Krishna Murthy vs Vanukuru Poornachandra Rao
2024 Latest Caselaw 9695 AP

Andhra Pradesh High Court - Amravati

Vanukuru Radha Krishna Murthy vs Vanukuru Poornachandra Rao on 26 October, 2024

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               HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                MAIN CASE No.: SECOND APPEAL No.609 of 2024

                                    PROCEEDING SHEET

Sl.
No           DATE                          ORDER                       REMARKS

1.

26.10.2024 GN, J S.A. No.609 of 2024 Heard the learned counsel for the appellant.

The substantial questions of law that arises for consideration is as follows:

1. Whether the appellate court is right in setting aside the well considered judgment and decree passed by the trial court in a suit for permanent injunction simplicitor by establishing the prima facie case by adducing the oral and documentary evidence that he is in possession enjoyment of the public property?

2. Whether the appellate court is right in setting aside the judgment and decree of the trial court though the plaintiff has established that he is in lawful possession and enjoyment of the suit schedule property as on the date of filing of the suit and the defendant interfered with possession in unlawful manner.

3. Whether in a suit for injunction

simplicitor, complicated question of the title can being gone into without any of the parties questioning the same and paying requisite court fees.

4. Whether in a suit for injunction having given finding that the plaintiff is in possession of the property, the courts below erred in dismissing the suit particularly more so when the said possession has been admitted to have been given by the defendant.

5. Whether it is proper for the court below to go into validity of the gift deed which is not sought for by the plaintiffs.

6. Whether the judgment and decree of the court below are perverse.

To consider the above substantial questions of law and such other questions of law that may arise at the time of hearing, Admit the appeal.

Issue notice in I.A.Nos.1 & 2 of 2024.

____________ GN, J PKR