Andhra Pradesh Court November 1998 Judgments
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Uma Devi and Another Vs. Shaik HussaIn and Another
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 1999(1)ALD191; 1999(1)ALT136
ORDER1. Heard the learned Counsel on both sides.2. The question raised in this Civil Revision Petition relates to the admissibilityof a document dated 6-6-1984 which is styled as (relinquishment deed) in evidence. The facts leading to the revision may be briefly stated:3. The petitioners herein are the defendants in OS No.66 of 1 992 on the file of the Court of the District Munsif, Medchal, Rangareddy District. The said suit is filed by the first respondent herein for declaration of title and for recovery of possession of the suit schedule property consisting of about 473 sq yards of site. The said property originally belonged to Asha Ramanujam, the husband of the first petitioner and the father of the second petitioner. He sold the property to the first respondent herein under two sale-deeds dated 30-7-1979 and 4-11-1981. However, some disputes arose between the parties in regard to the same. Thereupon the first respondent filed OS.47 of 1983 against Ramanujam for declaration of title...
irothu Mohan Rai Vs. Akoju Vanajakshi
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 1999(1)ALD91; 1999(1)ALT164
ORDER1. In this Civil RevisionPetition, Notice before Admission was ordered on 12-10-1998 and the respondent was served on 6-11-1998. But, she did not choose to appear in this Court either in person or through a Counsel. Hence, this Civil Revision Petition is being disposed of on merits.2. Aggrieved by the order of the learned Junior Civil Judge passed in IA No.330 of 1998 in OS No.46 of 1997 dated 24-7-1998, whereunder the application filed by the defendant under Section 148 CPC seeking enlargement of time granted for filing the written statement and payment of costs was dismissed, the defendant filed the present Civil Revision Petition.3. I have gone through the order passed by the learned Junior Civil Judge, and I haveno hesitation to observe that the Junior Civil Judge failed to appreciate the facts of the case, and by placing reliance on a judgment in P.V. Chalapathi v. T. Subba Reddy and another, 1989 (2) ALT 629, dismissed the Interlocutory Application.4. From the order, it is s...
B. Krishna Murthy Rao and Another Vs. C.S. Sakunthalamma and Others
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 1999(1)ALD264; 1998(6)ALT635
ORDER1. The petitioners herein were the owners of an old construction, portion of which was leased out to the defendants. The plaintiffs-petitioners herein felt it necessary to demolish the structures and construct a new building. The defendants-respondents herein agreed to vacate the premises on condition that the plaintiffs-petitioners herein would lease out a portion of the premises in the newly constructed building. The plaintiffs-petitioners herein agreed to do so. Accordingly the parties entered into an agreement. The plaintiffs-petitioners herein constructed a new building and a portion of which was leased out to the defendants-respondents herein on 1-3-1993 for enhanced rent of Rs.1500/- p.m. It was agreed between the parties that the rent would be paid on or before 5th day of every month.2. When the matter stood thus, after some time the plaintiffs-petitioners herein felt it necessary to evict the defendants-respondents herein as they required thepremises for their own use and...
Voruganti Chinna Gopaiah Vs. Godavari Fertilizers and Chemicals and An ...
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 1999(1)ALD302; 1999(1)ALD(Cri)23; 1999(1)ALT(Cri)283; 1999CriLJ1184
ORDER1. The Criminal Appeal is called from the file of Metropolitan Sessions Judge, Vijayawada. It is filed by the accused against the Judgment and sentence passed in CC No.329 of 1991. The Criminal Revision Case is filed by the complainant on the ground that the sentence passed in CC No.329 of 1991 is not adequate.2. First of all I would like to deal with the Criminal Appeal.3. The brief facts of the complaint are as follows:The Complainant who is the 1st respondent, is represented by its Accounts Officer Mr. P.S. Rao. It is stated that the 1st respondent-company is registered under the Companies Registration Act. It is a joint venture of the Government of Andhra Pradesh and IFFCO. The Company manufactures DAP and also deals in other composite fertilizers like Urea, Calcium etc. It has its Regional Marketing office at 40-7-27/A/2, Mogalrajapuram, Vijayawada. Accused No.2 is representing the Accused No.1 Rice and Flour Mill. They are doing business in fertilizers and pesticides. They a...
Chowk Mosque, Nandyal, by Mutavalli P.V.H. Abdul Razack Miah Vs. P.V.H ...
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 1999(1)ALD396; 1999(1)ALT310
ORDER1. The Civil Revision Petition is filed against the order in IA No.985 of 1997 in OS No.469 of 1997 passed by the Principal District Munsif, Nandyal. The plaintiff is the petitioner.2. The plaintiff filed a suit for permanent injunction restraining the defendants from interfering with the construction of shops in the mosque premises. Pending disposal of the suit, the petitioner filed IA No.985 of 1997 for temporary injunction. The defendants filed a counter affidavit opposing the petition for temporary injunction on the following grounds:(1) That the Civil Judge has no jurisdiction as the matter relates to Wakf Property; and (2) That the prayer hall gets reduced if shops are allowed to be constructed in the mosque premises.3. The learned District Munsif, Nandyal held that in view of Section 83 of the A.P. Wakf Act, 1995 (for short 'the Act'), the Civil Courts have no jurisdiction to entertain the matters relating to wakf property. Aggrieved by the same, the present CRP is filed u...
P. Venkata Ramana Rayulu Vs. High Court of A.P., Hyd.
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 1999(1)ALD500; 1999(1)ALT333
ORDERN.V. Hanumanthappa, J1. Of late the persons who enter into service are wishing to become younger ignoring the entries as to the date of birth made in School and University records and even obtain decrees of civil Courts ex parte. Such an approach has been deprecated by this Court and the Supreme Court in good number of decisions.2. As far as the case on hand is concerned the petitioner is an officer of the judicial department working as Junior Civil Judge of State of Andhra Pradesh. He has filed this writ petition seeking a writ of mandamus declaring that the proceedings of this Court in Roc. No.4518/97-B.Section, dated 18-11-1997 rejecting his request to approve his date of birth as 12-2-1959 as entered in his service register, as illegal and to enter his date of birth as 12-2-1959. Hiscase is that pursuant to the selection to the post of District Munsif the Government of Andhra Pradesh issued G.O. Ms, No.87, dafed 21-2-1989 appointing him as District Munsif and he assumed charge...
Thathadi Appala Naidu Vs. Inspector of Police, Gagapathinagaram Circle ...
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 1999(1)ALD597; 1999(1)ALD(Cri)308; 1999(1)ALT(Cri)301; 1999CriLJ1186
1. This appeal is directed against the judgment, dated 4-3-1996 rendered in SCNo.112 of 1995 on the the of the learned Sessions Judge, Vizianagaram convicting the accused-appellant for an offence punishable U/s 304, Part-11 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs.1000/- and in default to undergo simple imprisonment for a period of six months.2. The facts relating to this appeal may briefly be stated as follows: The deceased, Thothadi Bangarayya, is the brother of the accused. They purchased the land to be used as threshing floor in the Gollupalam village from Thothadi Narinaidu, PW5. As there were some disputes in respect of the land, it was partitioned with the help of the elders Gollu Appalanaidu, PW6 and Thothadi Krishna, PW7 and the land came to be in their seperate possession as per their respective shares. They used to keep the manure in seperate heaps on their respectiveshares. On 17-4-1995 in...
Paramount Co-op. Housing Society Vs. Padmini Co-op. Housing Society an ...
Court: Andhra Pradesh
Decided on: Nov-20-1998
Reported in: 2009(5)ALT439
B. Subhashan Reddy, J.1. This letters patent appeal is directed against the order of the learned Single Judge in C.C.C.A. No. 98 of 1996, by which the order passed by the trial Court dated 29-3-1996 in final decree proceedings pertaining to Item 2 of plaint B schedule properties, situated in Hakimpet Village. Suit in O.S. No. 42 of 1962 was tried on the file of the Court of the I Additional Judge, City Civil Court, Hyderabad regarding the Matruka properties left behind by late Nawab Mohammed Nawaz Jung (was set aside). The plaintiff and defendants 1, 2, 3 and 12 are the sons of late Nawab, defendants 4, 5 and 6 are his daughters and defendant No. 7 is his widow. His sons are entitled to 14/104* share each while daughters to 7/104th share each and the widow to 13/104th share. The first defendant died and preliminary decree for partition was passed by the trial Court on 24-11-1970. The legal heirs of the 1st defendant preferred appeal to this Court in C.C.C.A. No. 27 of 1972 and there we...
Krishna District Human Welfare Development Society, Seetharampuram, Vi ...
Court: Andhra Pradesh
Decided on: Nov-19-1998
Reported in: 1999(1)ALD22; 1998(6)ALT569
ORDER1. This case has had long litigative history. The petitioner is a society registered under the Societies Regfstration Act. When the petitioner-Society came to know that 20477 square yards of land (hereinafter referred to as 'the subject land') comprised in town Sy. Nos. 42, 43/2 and RS No.21/5 situated at Mogularajapuram, Vijayawada Urban Agglomeration was declared to be excess land under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 (for short 'the Act') made an application to the Government for assignment of the above land. The Government issued G.O. Ms. No.l 156, dated 20-12-1991 assigning the subject land. The entitlement of the petitioner-society to seek assignment of the land and certain collateral issues were subject matter of the judicial review before this Court. The learned single Judge of this Court held that assignment was bad in law because, the assignment was made after receipt of the interim order passed by this Court. The matter was carried to D...
E. Venogopal Chetty Vs. Dist. Collector, Chittoor District and Others
Court: Andhra Pradesh
Decided on: Nov-19-1998
Reported in: 1999(1)ALD114; 1999(1)ALT80
ORDER1. This writ petition is filed for a writ of Mandamus directing the respondents to implement the order of the Inam Deputy Tahsildar, Chandragiri passed in his proceedings ROC No.3901 of 1959 dated 19-4-1961 in so far as it relates to the petitioner's land measuring Ac.5.18 cents in TS No-32 and a further extent of Ac.7.00 in S.No.302 of Tirupathi Revenue Village, Timpathi Urban Mandal, Chittoor District. The petitioner sought such direction against the official respondents, namely the District Collector, Chittoor District and the Mandal Revenue Officer, Tirupathi Urban Mandat, Timpathi, Chittoor District. Later on an application filed by the proposed respondents under Order 1, Rule 10 CPC, they were impleaded as respondent Nos.3 and 4 to the writ petition vide order dated 8-7-1998.2. hi the affidavit filed in support of the writ petition, the petitioner stated that the petitioner was granted ryotwari patta to an extent of Ac.5.18 cents in TS No.32 and another extent of Ac.7.00 in ...
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