Between vs Chigurupati Venkata Narayana And ...
2024 Latest Caselaw 8471 AP

Andhra Pradesh High Court - Amravati

Between vs Chigurupati Venkata Narayana And ... on 13 September, 2024

APHC010350052024

                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3462]
                          (Special Original Jurisdiction)

            FRIDAY ,THE THIRTEENTH DAY OF SEPTEMBER
                TWO THOUSAND AND TWENTY FOUR
                                 PRESENT
            THE HONOURABLE SRI JUSTICE G.NARENDAR
                     SECOND APPEAL NO: 526/2024
Between:
Chigurupati Venkateswara Rao                               ...APPELLANT
                                    AND
Chigurupati Venkata Narayana and Others               ...RESPONDENT(S)
Counsel for the Appellant:
   1. V SUBRAHMANYAM
Counsel for the Respondent(S):
   1. RAYAPROLU SRIKANTH
The Court made the following:

         Heard the learned Counsel for the Appellant and the learned

Counsel for the Respondents.

         This is a case of divergent finding. The judgment and decree

passed by the trial Court came to be reversed by the 1st Appellate

Court.

         The following substantial questions of law arise for consideration

in this Second Appeal.

   1) Whether the appellate Court is right in setting aside 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 they are in possession enjoyment of
      the property?
   2) Whether the plaintiff's suit for permanent injunction without
      seeking declaration of title is maintainable under law?
   3) Whether the appellate Court is right in granting injunction against
      the appellant/co-owner who has a joint right and title over the
      plaint schedule property?
   4) Whether the appellate Court is right in granting injunction in a suit
      for injunction, the plaintiff has to necessarily establish that he 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 his settle
      possession?

     Hence, ADMIT.

     Notice.
                              I.A.No.2 of 2024

     Pending    consideration     and   disposal    of   this   Interlocutory

Application, both the parties shall maintain status quo.

                                                                       _____
                                                                       GN,J.

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