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2025 DAILYLAW 51956 (AP)

BULLEPPAGARI GANGADHARAPPA v. SMT K ADILAKSHMAMMA

SA/240/2025 · 2025-09-18

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010483602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD SECOND APPEAL NO: 240/2025 Between: 1. BULLEPPAGARI GANGADHARAPPA, S/O B. GANGAPPA (DIED) AS PER L.R. 2. BULLERAPPAGARI MAHADEVAPPA, , S/O B. GANGAPPA, HINDU, AGED ABOUT 57 YEARS, R/O GOLFAPURAM VILLAGE, HINDUPUR MARRDAL, ANANTHAPURAMU DISTRICT. 3. SMT. PARVATHAMMA,, W/O LAKSHNNINARAYANAPPA, D/O BULLEERAPPAGARI GANGADHARAPPA, AGED ABOUT 44 YEARS. CULTIVATION, R/O KASMASEPALLI VILLAGE, HOSURU (HOBILI), GOWRIBIDANUR (TALUKA), CHIKKABALAPUR DISTRICT, KARNATAKA STATE. 4. B. GOPAL,, S/O LATE BULLERAPPAGARI GANGADHARAPPA, AGED ABOUT 42 YEARS. CULTIVATION, R/O GOLLAPURAM VILLAGE, HINDUPUR MANDAL, SRI SATYA SAI DISTRICT. 5. LAKSHMIDEVAMMA, W/O THIMMARAJU, D/O BULLEERAPPAGARI GANGADHARAPPA, AGED ABOUT 40 YEARS. CULTIVATION, R/O DIMMAGATTAPALLI VILLAGE, HOSURU (HOBILI), GOWRIBIDANUR (TALUKA), CHIKKABALAPUR DISTRICT, KARNATAKA STATE. ...APPELLANT(S) AND 1. SMT K ADILAKSHMAMMA, W/O LATE NARAYANAPPA HINDU, AGED ABOUT 72 YEARS, OCC CULTIVATION, R/O GOLLAPURAM VILLAGE, HRNDUPUR MANDAL, ANANTHAPURAM DISTRICT. 2. K N KRISTAPPA, , S/O LATE NARAYANAPPA, HINDU, AGED ABOUT 52 YEARS, OCC CULTIVATION R/O GOLLAPURAM VILLAGE, HINDUPUR MANDAL, ANANTHAPURAM DISTRICT. 3. K N SOMASEKHAR, , S/O LATE NARAYANAPPA, HINDU, AGED ABOUT 42 YEARS, OCC CULTIVATION, R/O GOLLAPURAM VILLAGE, HINDUPUR MANDAL, ANANTHAPURAM DISTRICT. 4. SMT REVAMMA, W/O LATE GALAPPA, AGED ABOUT 62 YEARS, OCC CULTIVATION, R/O GOLLAPURAM VILLAGE, HINDUPUR MANDAL, ANANTHAPURAM DISTRICT. (R-4 IS NOT NECESSARY PARTY AS APPEAL IS ABETTED ON 22.10.2019) ...RESPONDENT(S): Counsel for the Appellant(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. T DIWAKAR REDDY The Court made the following: ORAL ORDER: Heard Sri P. Narasimhulu, learned Counsel for the Appellants and Sri T.Diwakar Reddy, learned Counsel for the Respondents. 2. The Appellants herein are the Defendants. The Respondents/Plaintiffs filed O.S.No.212 of 2007 seeking Permanent Injunction against the Appellants/Defendants herein. After an elaborate trial, the Principal Civil Judge (Junior Division), Hindupur, vide Judgment and Decree dated 22.04.2019, decreed the suit in favor of the Petitioners, thereby granting Permanent Injunction restraining the Defendants from interfering with the peaceful possession and enjoyment of the Plaintiffs over the Suit Schedule Property. 3. Aggrieved, the Defendants carried the matter under Appeal by filing A.S.No.24 of 2019 before the II Additional District Judge, Hindupur. The Appellate Court framed the issue whether the Plaintiffs were entitled to the Permanent Injunction as prayed for and answered the same in the affirmative, thereby dismissing the First Appeal vide Judgment and Decree dated 12.08.2024. 4. This Court has perused the Judgment of the Trial Court as well as the Appellate Court. The contention of the Appellants herein is that the Respondents/Plaintiffs were never in possession of the Suit Schedule Property is a matter of fact which has already been considered by the Trial Court as well as the First Appellate Court. 5. This Court, having considered the same, is of the considered view that there are no substantial questions of law raised by the Appellant herein; therefore, this Court is not inclined to entertain the present Second Appeal, as there are no substantial questions of law and the facts would not be gone into by the Appellate Court at this stage of the Second Appeal. 6. Accordingly, the Second Appeal of the Defendants is devoid of any merit and is accordingly dismissed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 19.09.2025 DSV 681 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD SECOND APPEAL NO: 240/2025 19.09.2025 DSV HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. SECOND APPEAL NO: 240/2025 PROCEEDING SHEET Sl. No DATE ORDER Office Note 8. 19.09.2025 GRKP, J I.A.Nos.1, 2, 3, 4 & 5 of 2025 Having regard to the contents of the Affidavit filed in support of these Applications, this Court deems it appropriate to allow these Applications. 2. Accordingly, I.A.Nos.1 to 5 of 2025 are allowed. ____________ GRKP, J SECOND APPEAL No.240/2025 Second Appeal is dismissed. (vide separate order) ___________ GRKP, J DSV