Andhra Pradesh Court December 2002 Judgments
S. Durga Prasad Vs. S. Raja Ramani @ Arumilli Roja Ramani
Court: Andhra Pradesh
Decided on: Dec-31-2002
Reported in: 2003(2)ALD580; 2003(1)ALT332
ORDERP.S. Narayana, J.1. These two Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, 1908, hereinafter referred to in short as 'Code' by both the husband and wife for transfer of O.P. No. 195 of 2002 on the file of Senior Civil Judge, Rajahmundry to the Court of Principal Senior Civil Judge, Ranga Reddy District to be tried along with O.P. No. 322 of 2002 and vice-versa.2. For the purpose of convenience, the parties will be referred to as 'husband' and 'wife'.3. The husband in Transfer C.M.P. No. 442/2002 had stated that he filed O.P. No. 322/2002 on the file of Principal Senior Civil Judge, Ranga Reddy seeking the relief of divorce on the ground of cruelty. The husband also made certain allegations relating to the presentation of the petition before A.P. Women's Commission, Hyderabad and closure of the same. It was further stated that the wife after coming to know of the O.P. filed by the husband had filed O.P No. 195/2002 on the file of...
Tag this Judgment!Ushasri Agro Agencies (Chit Funds) Vs. Giridhar Auto Finance (P) Limit ...
Court: Andhra Pradesh
Decided on: Dec-31-2002
Reported in: 2003(2)ALD370; II(2003)BC329
ORDERDubagunta Subrahmanyam, J.1. This revision petition is filed under Section 115 CPC, against the order dated 16.7.2001 in I.A. No. 466 of 1999 in I.A. No. 412 of 1999 in O.S. No. 45 of 1999 on the file of Senior Civil Judge at Khammam.2. The plaintiff in the suit is the revision petitioner. It filed a suit in O.S. No. 45 of 1999 on the file of Senior Civil Judge at Khammam for recovery of amount said to be payable to it by the first respondent. It filed a petition in I.A. No. 412 of 1999 under Order 38 Rule 5 CPC, seeking attachment before judgment of a vehicle bearing No. TN 72 - 6566 on the ground that the said vehicle belonged to the second respondent herein. After the said vehicle was attached before judgment, it appears that even before a decree is passed by the Trial Court in the suit, the vehicle was sold in public auction and sale proceeds are lying in Court Deposit. The first respondent herein filed a petition in I.A. No. 466 of 1999 under Order 38 Rule 8 read with Section...
Tag this Judgment!Muppidi Dora Reddy Vs. Bollareddy Ramakrishna Reddy and ors.
Court: Andhra Pradesh
Decided on: Dec-31-2002
Reported in: AIR2003AP299
C.Y. Somayajulu, J.1. Second respondent obtained a decree in O.S. No. 146 of 1981 against the third respondent and another and brought the property belonging to third respondent to sale in execution of the said decree. First respondent figured as a highest bidder. Appellant filed E.A. No. 345 of 1990 objecting to the delivery of property purchased by the first respondent in the Court auction claiming tenancy rights over the said property. The Executing Court holding that in as much as tenancy alleged is subsequent to the filing of the suit, the same is hit by Rule 102 of Order 21 C.P.C, and dismissed the E.A. On appeal, the District Judge, Warangal, confirmed the order of the Executing Court. Hence this Second Appeal.2. The contention of the learned counsel for the appellant is that the failure of the Courts below to take into consideration the fact that the appellant filed A.T.C. No. 42 of 1990 seeking a declaration of his tenancy and injunction against the third respondent, from inte...
Tag this Judgment!V. Goutham Rao Vs. Revenue Divisional Officer and anr.
Court: Andhra Pradesh
Decided on: Dec-31-2002
Reported in: 2003(1)ALD681; 2003(1)ALT615
ORDERB. Prakash Rao, J. 1. The petitioner herein claiming to be the absolute owner and possessor of the land bearing Survey No. 1253 to an extent of Ac.0-09 guntas situated at Metpally, Karimnagar District files this writ petition seeking a writ of mandamus declaring the action of the respondent No. 1 in initiating proceedings by issuance of notice in File No. B/1720/2001 dated 28-12-2001 as illegal and to set aside the same.2. The petitioner submits that the said property was purchased by his mother viz., Smt. B.Satyamma on 17-8-1957 under a simple sale deed from its original owner and since then she has been in possession and enjoyment. However, she died on 4-2-1998 and thereafter the petitioner continues to remain in possession and enjoyment. In the year 1995 itself, the respondents have issued the pattadar pass book in favour of the mother after holding a regular enquiry and later on, a sale certificate was issued on 24-3-1995. However, since the respondent No. 2 has encroached to ...
Tag this Judgment!G. Ravindranatha Reddy Vs. Mareddi Ramachandra Reddy @ Chandrudu and o ...
Court: Andhra Pradesh
Decided on: Dec-31-2002
Reported in: 2003(1)ALD(Cri)808
Crl. R.C. No. 1329 of 1999R.M. Bapat, J.1. This Criminal revision case is filed by the de facto complainant in S.C. No. 331 of 1996 against the order of acquittal dated 27.7.1999 recorded by II Additional Sessions Judge, Cuddapah. Since, Criminal Appeal No. 174 of 2000 is also filed by the State of Andhra Pradesh against the same order, in our considered opinion, the Criminal R.C. No. 1329 of 1999 does not survive. Accordingly, it is dismissed. Criminal Appeal No. 174 of 2000 R.M. Bapat, J.2. This appeal is filed by the State of Andhra Pradesh represented by the Public Prosecutor aggrieved by the order of acquittal recorded by the learned IInd Additional Sessions Judge, Cuddapah in Sessions Case No. 331 of 1996 acquitting the accused 1 to 7 of all the charges.3. The prosecution has framed, in all, 7 charges against the accused-respondents herein. The first charge was under Section 148 IPC against A-1 to A7. The Second Charge was under Section 302 IPC against A-1 to A-7. The third charg...
Tag this Judgment!Chaitanyabala Vs. Kalika Joshi and anr.
Court: Andhra Pradesh
Decided on: Dec-31-2002
Reported in: 2003(2)ALD795; 2003(3)ALT493
T. Ch. Surya Rao, J.1. The unsuccessful defendant is the appellant. She filed the present appeal as against the common Judgment dated 7.6.1993 passed by the learned II Additional Judge, City Civil Court, Hyderabad, in O.S. No.998 of 1983 and O.S. No.914 of 1984. The respondents herein are the plaintiffs. They filed the suit O.S. No.998 of 1983 seeking eviction of the defendant from the front portion of the premises bearing No.10-1-17/1/1 and for a decree in a sum Rs.l4,640/-towards past rents and profits and for future profit at the rate of Rs.1,830/-. They also filed the suit O.S. No.914 of 1984 for perpetual injunction restraining the defendant from interfering with their possession of the rear portion of the said premises.2. The case of the plaintiffs was that the entire premises bearing No.10-1-17/1/1 situate at Masab Tank, Hyderabad, and known as 'Ramasmiriti' was purchased by late Dr. Ramachandra Kashinath Bhandari under a registered sale deed dated 5.12.1960. After his death on ...
Tag this Judgment!M.A. Kareem Vs. Ahmed Ali and ors.
Court: Andhra Pradesh
Decided on: Dec-31-2002
Reported in: 2003(1)ALD(Cri)330; 2003(1)ALT(Cri)323
L. Narasimha Reddy, J.1. This revision is directed against the order of the Additional Metropolitan Sessions Judge For The Trial of Jubilee Hills Car Bomb Blast Case-Cum-Additional Family Judge, Hyderabad, in MC. No. 68 of 1998 dated 21-5-2001. 2. The case of the prosecution is briefly stated as under:One Khaja Bee (PW-1) and respondents 1 to 3, who are minors represented through the said Khaja Bee as their natural mother, filed M.C. No. 68 of 1998 before the trial Court, alleging that the petitioner herein is the husband of PW.1 and father of respondents 1 to 3 and that he neglected to maintain them. They claimed maintenance from the petitioner herein at the rate of Rs.500/- per month for each of them.3. The petitioner had filed counter affidavit denying the allegations made by the said Khaja Bee (PW.1) and respondents 1 to 3 herein. He asserted that PW.1 was not his wife at all and she is only the elder sister of his wife and that he is not the father of respondents 1 to 3 herein. Be...
Tag this Judgment!M. John David Vs. Ntr University of Health Sciences and ors.
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(1)ALD622
ORDERL. Narasimha Reddy, J.1. This writ petition is connected to W.P. No. 14881 of 2002 filed by the 3rd respondent herein. Hence, it is disposed of simultaneously along with the said writ petition, though through a separate order.2. The petitioner and the 3rd respondent appeared in the EAMCET conducted in the year 2000. They secured ranks 3005 and 2626 respectively. The petitioner claimed social status of BC 'C'being a converted Christian, The 3rd respondent also claimed the same status. In view of the meritorious rank of the 3rd respondent, he came to be selected and admitted into the 1st year of MBBS Course at the 2nd respondent College.3. Alleging that the 3rd respondent does not belong to BC 'C' category, the petitioner herein filed WP No. 350 of 2001 seeking a direction for cancellation of the admission of the 3rd respondent. The writ petition was dismissed and he preferred WA.No.188 of 2001. The same was disposed of with an observation that it shall be open to the petitioner to ...
Tag this Judgment!U.N. Satyanarayana Vs. U. Sharada and anr.
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(2)ALD387; 2003(6)ALT823
G. Yethirajulu, J. 1. This is an appeal filed by the husband against the decree of divorce and custody of the minor child granted in favour of the wife by the Family Court, Hyderabad in OP No. 289 of 2000 filed by the respondents herein under Section 13(1)(ia) and (iii) and 26 of the Hindu Marriage Act, 1955 (for short 'the Act').2. The facts leading to the decree of divorce and custody of the child are briefly as follows:The parties are hereinafter referred as arrayed in the original petition. Petitioner No. 1 (wife) was married to the respondent (husband) on 29-6-1986. The marriage was solemnized at Hyderabad according to Hindu rites and customs. The respondent is an Engineering Graduate. The 2nd petitioner-son was born to them during the wedlock. Since the date of marriage, the respondent was exhibiting peculiar behaviour. His mind always flickered. At the time of marriage also he was administered anti-depression drug-Lithium. According to his father the respondent was mentally dist...
Tag this Judgment!M.A. Salam Vs. Principal Secretary to Government of A.P., Backward Cla ...
Court: Andhra Pradesh
Decided on: Dec-27-2002
Reported in: 2003(1)ALD699
ORDERL. Narasimha Reddy, J.1. This writ petition is filed challenging the proceedings of the 1st respondent dated 3.8.2002 through which the proceedings of the 2nd respondent dated 20-9-2001 were set aside.2. The relevant facts may be briefly stated as under.3. The petitioner appeared in the Common Entrance Examination conducted in the year 2000 for the purpose of selection of candidates for admission into various courses including first year of M.B.B.S. The petitioner secured rank 2626. He claimed social status of BC-C. On that basis, he came to be selected against a payment seat in a private Medical College. The 3rd respondent has also appeared in the entrance examination and secured the rank 3005. He made a claim for admission into first year of M.B.B.S. in the same college under BC-C category. Since the petitionercame to be selected, the 3rd respondent did not stand to a chance.4. The 3rd respondent filed Writ Petition No. 350/2001 alleging that the petitioner does not belong to BC...
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