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K. MANMADHA RAO
Nellore Vijaya (Died – Appellant
Versus
Singiri Lokanadham – Respondent
JUDGMENT
1. The Appellants herein are the respondents/ plaintiffs before both the Court below filed the present Civil Miscellaneous Appeal before this Court.
2. Aggrieved by the order dtd. 11/10/2022 in A.S.No.11 of 2018 on the file of the Court of Principal District Judge, Nellore, SPSR Nellore District (in short 'the first appellate court') against the Judgment and Decree and Judgment in O.S.No.278 of 2011 on the file of I Additional Junior Civil Judge, Nellore, (in short "the trial court') remanding the suit for fresh disposal.
3. Initially the plaintiffs filed the suit for grant of permanent injunction against the respondent/ defendant in respect of plaint schedule property and during the trial sole plaintiff died and on her death, the 2nd plaintiff added as her legal representative. The trial court holding that the 2nd plaintiff proved her title to the suit property, besides proving her possession over the suit schedule property and that the suit was decreed as prayed for on 6/11/2017. Assailing the said order, the respondent/ defendant has preferred A.S.No.11 of 2018 before the first appellate court.
4. The first appellate court has framed the following point for determination
The appellate Court cannot set aside the judgment and decree of the trial Court and remand the case without specific findings on the issues and without considering the findings given by the trial Cou....
The main legal point established in the judgment is that the appellate court should not remit the case to the trial court if the evidence on record is sufficient to decide the matter, and it should i....
The appellate court should not remit the case to the trial court if the evidence on record is sufficient to decide the matter, and the decision to remand should be in accordance with the relevant pro....
Temporary injunctions must align with the relief sought in the main suit; granting relief beyond this scope is impermissible.
An appellate Court is obligated to decide an appeal on its merits using available evidence under Section 107 CPC, and remand to a lower court should be an exception, strictly reserved for cases invol....
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