Andhra Pradesh Court December 2003 Judgments
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Somula Bhaskar Reddy and ors. Vs. Somula Ramachandra Reddy and anr.
Court: Andhra Pradesh
Decided on: Dec-10-2003
Reported in: 2004(4)ALD165; 2004(5)ALT367
B.S.A. Swamy, J.1. The appellants herein are the Plaintiffs in O.S. No. 22 of 1985 on the file of the District Munsif, Allagadda, Cuddapah District. Aggrieved by the judgment and decree of the Appellate Court in A.S. No. 23 of 1991 reversing the judgment of the Trial Court and dismissing the suit, they preferred this appeal.2. The facts of the case are that one Somala China Subba Reddy was addicted to bad habits and vices. At the instance of well wishers of the family pressed him for partition. Somala China Subba Reddy executed a registered deed dated 21-10-1935 marked as Ex.A.1 relinquishing his right over the properties in favour of his minor children. By the date of relinquishment deed, he had two sons by name Somala Rama Subba Reddy, Venkata Subba Reddy and the third son Somala Ramachandra Reddy was in the womb of the mother. Since all happened to be minors the properties were kept in the custody of their mother for management. After that, the mother and sons lived together up to 1...
S. Umesh and anr. Vs. Charminar Co-operative Urban Bank Limited and an ...
Court: Andhra Pradesh
Decided on: Dec-09-2003
Reported in: 2004(1)ALD532; 2004(1)ALT642
ORDERV.V.S. Rao, J.1. The petitioner availed loan from Charminar Co-operative Urban Bank Ltd., ('the Bank') the first respondent herein. As the petitioner failed to repay the loan, the Bank initiated proceedings under Section 74 of the Multi State Co-operative Societies Act, 1984 (Central Act of 1984). The Joint Registrar or Co-operative Societies/ OSD, the second respondent herein, in proceedings dated 28-8-2002 passed an award directing the petitioner and two others to pay an amount of Rs. 4,13,328/-(Rupees Four lakhs thirteen thousand three hundred and seventy eight only) jointly and severally with interest at 22% per annum from 1-4-2002 as per the agreement executed by the petitioner on 21-8-2000. Still thereafter, the petitioner did not comply with the award. Therefore, the first respondent initiated execution proceedings presumably under Section 70 of the A.P. Co-operative Societies Act, 1964 ('Co-operative Societies Act') and the second respondent issued notice of sale to the pe...
D.N. Elumalai and ors. Vs. M. Chinnaiah and ors.
Court: Andhra Pradesh
Decided on: Dec-09-2003
Reported in: AIR2004AP230; 2004(1)ALD873
ORDERP.S. Narayana, J. 1. Heard Sri Jagapathi, learned Counsel representing the revision petitioners, the learned Government Pleader for Land Ceiling, representing R31 to R33 and Sri M.P. Chandra Mouli, learned Counsel representing R10 to R30.2. The civil revision petition is preferred by the revision petitioners-plaintiffs as against an order dated 30-6-2003, made in I.A. No. 48 of 2003 in O.S.25 of 2002, on the file of the Senior Civil Judge, Puttur. The petitioners-plaintiffs filed the suit praying for the relief of permanent injunction restraining the defendants, their men, agents and others representing them personally and in a representative capacity on behalf of the entire general public of Kalyanapuram Village, Kalyanapuram S.T. Colony and Aretammagutta from in any way using the plaint schedule property as burial ground by interfering with the plaintiffs peaceful possession and enjoyment of the plaint schedule property. It is also brought to my notice that originally the suit w...
Puppala Apparao Vs. Yelisetti Vasantha Kumari
Court: Andhra Pradesh
Decided on: Dec-09-2003
Reported in: 2004(3)ALD353
ORDERP.S. Narayana, J.1. Puppala Appa Rao, the unsuccessful tenant before both the Tribunals below is the revision petitioner. The respondent herein, Yelisetti Vasantha Kumari, had filed ATC No. 19/96 on the file of Special Officer-cum-Principal Junior Civil Judge, Kakinada for eviction of the tenant on the ground that the tenant had committed default in payment of maktha for 1984-85 and 1985-86 and the learned Special Officer, on the respective pleadings of the parties, had recorded the evidence of PW1, PW2, RW-1 and RW-2 and marked Exs.A-1 to A10 and Exs.B-1 to B4 and ultimately had arrived at a conclusion that the landlady is entitled to the relief prayed for and ordered eviction by order dated 22-6-1988. Aggrieved by the same, the tenant filed A.T.A. No. 27/ 98 and the landlady filed A.T.A. No. 29/98 and the Appellate Tribunal-Hi Additional District Judge, Kakinada by order dated 4-8-2003 had dismissed both the Appeals. The tenant, aggrieved by the order made in A.T.A. No. 27/98 ha...
Hanumanth Vajhula Jagannadha Sastry Vs. Vajhula Annapurna Rajeswaramma ...
Court: Andhra Pradesh
Decided on: Dec-09-2003
Reported in: 2004(4)ALD282; 2004(5)ALT348
B.S.A. Swamy, J. 1. The second defendant in O.S. Nos. 5/1976, 359/ 1979 and 267/1981 filed by Lingala Venkataratnamma and the second defendant in Interpleader Suit in O.S. No. 357/ 1980 filed by Doddi Buli Veerraju, filed these Second Appeals.2. While late Lingala Venkataratnamma filed three suits referred above, for recovery of the rents over the suit schedule properties from Doddi Buli Veerraju, the tenant over the lands, claiming that they are the owners of the land. He filed Interpleader Suit in O.S.No. 357/1980 seeking a decision as to which of the defendants in his suit, i.e., late Lingala Venkataratnamma and Rajeswaramma on one side and Hanumanthavajhula Jagannadha Sastry, the appellant herein, on the other side are the real owners and to whom he has to pay the rents. During the pendency of the suit, Lingala Venkataratnamma died and her daughter Vajhula Annapurna Rajeswari (hereinafter referred to as 'Rajeswaramma') was brought on record as second plaintiff in all the three suit...
Boggavarapu Subba Rao (Died) by Lr Vs. Telagamsetti Venkata Rao and or ...
Court: Andhra Pradesh
Decided on: Dec-09-2003
Reported in: 2004(4)ALD426
ORDERP.S. Narayana, J.1. Boggavarapu Subba Rao, the deceased 1st petitioner in the present civil revision petition along with certain other petitioners filed A.T.C. No. 7/88 on the file of Special Officer/District Munsif, Pithapuram for determination of tenancy on the ground of default and also on the ground of subletting and the learned Special Officer/District Munsif, Pithapuram, after recording the evidence of Boggavarapu Madhavakrishna, 3rd petitioner in the A.T.C. as P.W.1 and Nallam Srirama Krishna Murthy, 1st respondent in the said A.T.C. as R.W.1 and Telagamsetti Venkata Rao, 3rd respondent in the said A.T.C. as R.W.2 and after marking Exs.A-1 to A-17 and B-1 to B11 ultimately had arrived at a conclusion that there is no default in payment of maktha, but however recorded finding that the 3rd respondent in the said A.T.C. was inducted by Respondents 1 and 2 as the subtenant in respect of the petition schedule land and hence the petitioners are entitled to the relief of eviction ...
Manepalli Udaya Bhaskara Rao Vs. Kanuboyina Dharmaraju
Court: Andhra Pradesh
Decided on: Dec-08-2003
Reported in: 2004(1)ALD269; 2004(4)ALT600; II(2004)BC323
B. Prakash Rao, J. 1. In this revision, the case has been referred to the Division Bench by one of us (BPR, J) for an authoritative pronouncement on the question as to whether the non-issuance of a reply notice to the prior notice by the defendant in a summary suit would amount to an admission and bars the defendant to seek leave to defend under Sub-rule(5) of Rule 3 of Order 37 of the Code of Civil Procedure.2. Briefly stating, the facts in the case are that the respondent herein has filed a summary suit for recovery of a sum of Rs. 25,780/- with future interest from the date of the suit, on the allegation that the defendant for his necessity borrowed a sum of Rs. 15,000/- on 16.6.1999 agreeing to repay the same with interest at 2% per month and executed a promissory note. In spite of the demands made and issuance of a registered notice on 20.4.2002, the defendant did not pay the amount. Hence the suit.3. On appearance, the petitioner-defendant had filed the present application in LA....
K. Peda Venkataiah Vs. Government of Andhra Pradesh and ors.
Court: Andhra Pradesh
Decided on: Dec-08-2003
Reported in: 2004(1)ALD1; 2004(3)ALT78
B. Sudershan Reddy, J.1. The unsuccessful petitioners in W.P. No. 2128 of 2003 are the appellants in this writ appeal. The learned Single Judge dismissed the said writ petition filed by them questioning the award passed by the third respondent-Revenue Divisional Officer, Warangal under the provisions of the Land Acquisition Act, 1894 (for short 'the Act').2. In order to appreciate whether the order under appeal suffers from any infirmities requiring our interference, a few relevant facts leading to filing of this writ appeal may have to be noticed:3. The appellants herein are the true and absolute owners of the land admeasuring Ac.1-17 guntas in Survey No. 146 of Somidi Village, Hanamkonda Mandal, Warangal District. In the revision of survey of the village, new survey numbers 154 and 155 were assigned to old Survey No. 146.4. Be it as it may, (he second respondent-Joint Collector submitted acquisition proposals to the first respondent-Government of Andhra Pradesh for acquisition of lan...
Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...
Court: Andhra Pradesh
Decided on: Dec-08-2003
Reported in: II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100
G. Raghuram, J.1. A Division Bench of this Court by an order dated 22-10-2002 recorded a dissent with decisions of the two earlier Division Benches of this Court in Union of India v. Uggina Srinivasa Rao, : 2001(3)ALD247 and Union of India v. B. Koddekar and Ors. : AIR2003AP23 , and made a reference in respect of Civil Miscellaneous Appeals preferred to this Court, by the Railways under Section 23 of the Railway Claims Tribunal Act, 1989 against the respective orders of Railway Claims Tribunals.2. Whether a passenger trying to board or alight from a running train or standing near the door, jumped from the compartment, crossing the Railway track or leaning out of the carriage; and during the course of such circumstance had fallen down and was either injured or had died, was entitled to compensation from the Railways under Section 124-A of the Railways Act, 1989, (the Act) is the question that in substance arises for consideration in this reference. Incidentally whether wrongful, careles...
P. Ramachandra Reddy and anr. Vs. Sanghi Enterprises and ors.
Court: Andhra Pradesh
Decided on: Dec-08-2003
Reported in: 2004(1)ALD(Cri)406; IV(2004)BC391; 2004CriLJ2171
ORDERC.Y. Somayajulu, J. 1. 1st respondent filed C.A. No. 75/2003 in the Court of the IV Metropolitan Magistrate, Hyderabad, against the petitioners and respondents 2 to 5 under Section 138 of the Negotiable Instruments Act (hereinafter called as 'the Act') in connection with the bouncing of cheques issued by the 2nd respondent-firm. The learned Magistrate took cognizance of the offence and issued summons to the petitioners and the respondents 2 to 5. This petition is filed to quash the said proceedings in C.C. No. 75/ 2003 against the petitioners inter alia on the ground that they are not the partners of the 2nd respondent-firm and that in fact 2nd respondent-firm was constituted on 1-4-1993 with eighteen other persons as its partners, as disclosed from the partnership deed.2. The contention of the learned counsel for the petitioners is that even if the allegations in the complaint are taken to be true, since they do not show that petitioners are responsible for the conduct of the bus...
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