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Andhra Pradesh Court January 1999 Judgments

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Jan 18 1999

K. Venkatasubba Reddy Vs. Bairagi Ramaiah (Died) by Lrs.

Court: Andhra Pradesh

Decided on: Jan-18-1999

Reported in: 1999(3)ALD317; 1999(3)ALT210

1. This appeal by the defendant is directed against the reversing judgment/dated 25.2.1991 passed by the principal Subordinate Judge, Tirupati in AS No.49 of 1982.The 1st respondent herein was the plaintiff and the appellant herein is the defendant in OS No.620 of 1978 on the file of Principal District Munsif, Tirupati. The respondents 2 to 7 are the legal representatives of the plaintiff and have been brought on record in this appeal. The parties are being referred to as they are arrayed in the suit.2. The dispute relates to a strip of open site admeasuring 4 ft. North-South and 45 ft. East-West situated in between the sites of the plaintiff and the defendant, in Venkatagiri village. The disputed site is shown in the plaint 'B' schedule. The site alongwith the thatched hut therein belonging to the plaintiff is shown in plaint 'A' schedule. The site and hut of the defendant is situated to the north of the disputed site. The claim of the plaintiff is that the disputed site shown in plai...


Jan 18 1999

Ponnuru Krishnavenamma Vs. Banks Taviteswara Rao and Another

Court: Andhra Pradesh

Decided on: Jan-18-1999

Reported in: 1999(3)ALD705; 1999(2)ALT433

1. This is an appeal by the first defendant Ponnuni Krishnavenamma against the reversing Judgement and decree dated 3-6-1996 of the III Additional District Judge, Krishna District at Vijayawada in AS No.31 of 1988.2. The first respondent herein is the plaintiff and the second respondent herein is the second defendant in the suit OS No.4 of 1979 on the file of the I Additional Subordinate Judge, Vijayawada. The parties are being referred as they are arrayed in the said suit, for the sake of convenience.3. The plaintiff filed the said suit for specific performance of the agreement of sale dated 8-1-1976 executed by the first defendant in his favour in respect of the suit property or in the alternative to direct the first defendant to refund the advance amount received by her. The suit property consists of a vacant house site admeasuring 1086 Sq.yards comprised in S.Nos.19/7 and 19/8 situated at Vidhyadharapuram at Vijayawada. The case of the plaintiff is that the first defendant is the o...


Jan 18 1999

Mahanti Pentayya Vs. Kella Sanyasappalanaidu and Others

Court: Andhra Pradesh

Decided on: Jan-18-1999

Reported in: 1999(6)ALD97

ORDER1. This Revision Petition isdirected against the order in IA No.179 of 1997 in OS No.168 of 1983 on the file of Principal Junior Civil Judge, Vizianagaram dated 4-2-1998 appointing an Advocate Commissioner for localisation of the plaint schedule property with the assistance of a qualified Mandal Surveyor. Plaintiff No.l in the suit is the Revision Petitioner and Plaintiff No.2 is impleaded as 3rd Respondent in this revision.2. The Respondent Nos.l and 2 herein, who are the defendants in the suit filed the above petition under Order XXVI, Rules 9 and 10, read with Section 151 of the Code of Civil Procedure seeking appointment of Advocate-Commissioner to localise the plaint schedule property and to draw a plan with the assistance of a licensed Surveyor. It is stated in the affidavit of Respondent No.l herein that he had filed a similar petition earlier and the same was dismissed. But, he is of the opinion that there is any amount of necessity for appointment of an Advocate-Commissio...


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