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Andhra Pradesh Court June 2003 Judgments

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Jun 10 2003

N. Ramulu and ors. Vs. A. Venkatesham and ors.

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: 2003(4)ALD340

ORDERV. Eswaraiah, J. 1. These two Civil Revision Petitions arise out of the similar orders dated 18-1-2003 made in I.A. No. 299 of 2002 in O.S.No. 435 of 1989 and in I.A. No. 1266 of 2002 in O.S. No. 497 of 1999 on the file of the II Additional Senior Civil Judge, Ranga Reddy District, L.B. Nagar, Hyderabad. 2. The petitioners are common in both the Civil Revision Petitions and the contesting respondent, namely, M/s. Praga Tools Officers Co-operative Housing Society is also the common party in both the cases. The petitioners filed Interlocutory Applications under Order 1 Rule 10 read with 151 of CPC to permit them to implead as party defendants in the suit. The said applications were dismissed. Aggrieved, by the same they filed these two Civil Revision Petitions. 3. As the facts are common in both the Revision Petitions, it would suffice if the facts in CRP No. 690 of 2003 are referred to. The 1st respondent M/s. Praga Tools Officers Co-operative Housing Society filed the suit O.S. No...


Jun 10 2003

Shakthi Enterprises Vs. Sri Maruthi Oil Traders and anr.

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: 2003(4)ALD329

ORDERP.S. Narayana, J. 1. Heard Sri L.J. Veera Reddy, learned Counsel representing the petitioner and Sri Ganshyamdas Mandani, learned Counsel representing the 1st respondent. 2. The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, hereinafter referred to as 'Code' in short, praying for transfer of O.S. No. 58/99 on the file of Senior Civil Judge, Proddatur, Cuddapah District to any other Court having jurisdiction in Cuddapah District and pass such other suitable orders. 3. It is stated that one Sri Rama Oil Mills of Proddatur had filed a suit O.S. No. 29/97 against the petitioner herein and the 2nd respondent for recovery of amount on the file of Senior Civil Judge, Proddatur. It is further averred that the said Sri Rama Oil Mills and the 2nd respondent in the present Transfer Civil Miscellaneous Petition have jointly engaged the petitioner to buy imported palmolein oil from the 2nd respondent to avoid multiplicity of taxation and the pet...


Jun 10 2003

P.M. Anand Babu and ors. Vs. Mir Akbar Ali Khan and anr.

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: AIR2004AP243; 2003(4)ALD461

ORDERB. Seshasayana Reddy, J.1. This Civil Revision Petition is directed against the order dated 30-10-2001 passed in Review Petition No. 1366/2001 in I.A. No. 1111/ 2001 in O.S.No. 2033 of 1996 on the file of XIX Junior Civil Judge, City Civil Court, Hyderabad, whereby the learned Junior Civil Judge reviewed the order dated 20-8-2001 passed in I.A.No. 1111/2001 filed under Order 13 Rule 3 of CPC read with Section 49 of Registration Act.2. The petitioners herein are the plaintiffs in O.S.No. 2033/96. They filed the suit against the respondents herein for perpetual injunction in respect of the suit schedule property. It is their case that the suit schedule property originally belonged to Hamid Ali and it devolved on his sons viz., Imam Ali and Mohammed Ali by way of succession. Thereafter Mohd. Ali sold the suit property in favour of V. Gopal, S/o Laxmaiah under a sale deed dated 17-9-1953. The name of V. Gopal was mutated in the revenue records and patta pass book was also issued in hi...


Jun 10 2003

Life Insurance Corporation of India and anr. Vs. D.V. Anil Kumar

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: 2003(4)ALD721; 2003(5)ALT9

Devinder Gupta, C.J. 1. The Writ Appeals arising out of the common order passed by the learned Single Judge in W.P. No. 1615 of 2002 and batch dated 20.12.2002 and the Writ Petition No. 4819 of 2002 filed for similar directions as are contained in the common order were heard together and are being disposed of by this common order as they involve consideration of common questions of fact and law.2. The Life Insurance Corporation of India has preferred the appeals challenging the order of the learned Single Judge disposing of the writ petitions with certain directions to the Corporation in the matter of recruitment to the posts of Sub-staff (Peons) in the Corporation.3. The appellant-Corporation is felt aggrieved against the directions primarily on the ground that the directions issued by the learned Single Judge are contrary to the order passed by the Supreme Court in Civil Appeal No. 2104 of 2000 (LIC of India v. G. Sudhakar and Ors).4. It will be necessary at this stage to take notice...


Jun 10 2003

Durga Singh Vs. M. Lakshman Yadav and ors.

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: 2003(4)ALD604

ORDERV. Eswaraiah, J.1. This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 25-11-2002 made in I.A.No. 3365/2002 in O.P.No. 681/ 2002 on the file of the Chief Judge, City Civil Court, Hyderabad in allowing the application of the respondent filed under Order VI Rule 17 Code of Civil Procedure to amend the main petition by adding Para 7(a) after Para 7.2. The respondent herein is the Election Petitioner in the said O.P. No. 681/ 2002. The petitioner herein is the 1st respondent in the said O.P. and elected candidate as member of Municipal Corporation of Hyderabad from Kachiguda Ward No. 13. For the sake of convenience, the petitioner hereinafter referred to as the 'Election Petitioner' and the 1st respondent hereinafter referred to as the 'Returned Candidate'. The 1st respondent filed the said election petition before the Chief Judge, City Civil Court, Hyderabad: Election Tribunal under Sections 71 to 75 of Municipal Corporation of...


Jun 10 2003

Canara Bank and ors. Vs. S. Ramalingam

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: 2003(5)ALD26

C.V. Ramulu, J. 1. This writ appeal is directed against the order of the learned Single Judge made in WP No. 30101 of 2000 dated 6-11-2000.2. By the above said order, the learned Single Judge directed the 1st respondent to consider the case of the petitioner to fix his pay at Rs. 590.40 ps. from the date of his permanent absorption under the respondents as per the directives issued by the Government of India, Ministry of Defence vide proceedings dated 28-2-1996 with all consequential and attendant benefits including arrears of pay within a period of six weeks from the date of receipt of the said order.3. According to the writ petitioner, he is entitled for fixation of his salary at Rs. 590.40 ps. as per the instructions of the Government of India, Ministry of Defence in their proceedings No. Air/HQ/23043/1004/ SR/PC-3/434/D (Civ-II) dated 28-2-1996. It was also stated that the petitioner was an ex-serviceman served in the Indian Army from 13-2-1959 to 21-11-1967. Thereafter, from 29-3-...


Jun 10 2003

M. Krishna Rao and anr. Vs. M.L. Narasikha Rao and ors.

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: AIR2003AP498; 2003(4)ALD855; 2003(5)ALT205

C.Y. Somayajulu, J.1. Since both the appeals are interconnected, they are being disposed of by this common judgment.2. L.P.A. No. 11 of 1998 arises out of C.C.C.A. No. 131 of 1994, which arose out of O.S. No. 641 of 1988 on the file of the Court of IV Additional Judge, City Civil Court, Hyderabad. L.P.A. No. 65 of 1998 arises out of TR.C.C.C.A. No. 26 of 1995, which arose out of O.S. No. 1369 of 1989 on the file of the Court of IV Additional Judge, City Civil Court, Hyderabad, which was originally instituted as O.S.No. 4528 of 1987 on the file of the Court of VII Assistant Judge, City Civil Court, Hyderabad. Defendants 1 and 2 in O.S.No. 64I of 1988 are the appellants and both the plaintiffs and defendants 3 and 4 in O.S.No. 641 of 1988 are respondents 1 to 4 respectively in L.P.A.No. 11 of 1998. Second appellant and respondents 1 and 2 in L.P.A.No. 11 of 1988 are the plaintiff and defendants respectively in O.S.No. 1369 of 1989. Both the suits, O.S.Nos. 641 of 1988 and 1369 of 1989, w...


Jun 10 2003

B. Narasimha Reddy and anr. Vs. Bhaskara Rao Joshi and anr.

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: AIR2004AP448; 2003(5)ALD241; 2003(5)ALT265

C.Y. Somayajulu, J.1. Defendants 2 and 3 in O.S. No. 597 of 1969 on the file of the Court of II Additional Judge, City Civil Court, Hyderabad, who are the unsuccessful appellants in C.C.C.A. No. 46 of 1985, are the appellants. First respondent is the second plaintiff and the second respondent is the first defendant in the suit. For the sake of convenience the parties hereinafter would be referred to as they are arrayed in the Trial Court.2. One Ramdas Maharaj @ Ramdas Brahmachari (first plaintiff) filed a petition seeking leave to sue as an indigent person seeking declaration of his title to Ac.6.14 Gts., of land in S.Nos. 182/1 and 182/2 of Gudimalkapur Village, bounded on the East by the border of Moosi Karwan Sahu and Kulsumpura, North by the road from Lunger House to Hyderabad, West by the border of Moosi Lunger House, and South by the river Moosi, hereinafter referred to as the suit property, and for an injunction restraining the defendants from interfering with his possession ove...


Jun 10 2003

indupuru Raghava Reddy and ors. Vs. Commissioner, Survey, Settlements ...

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: 2003(5)ALD210

ORDERS. Ananda Reddy, J.1. This Writ Petition is filed by the petitioners aggrieved by the order of the Commissioner, Survey Settlements and Land Records, Andhra Pradesh, Hyderabad, the 1st respondent herein made in File No. VV 153/91 dated 14.9.1992 confirming the order of the respondents 2 and 3 dated 6.11.1990 and 15.5.1989 respectively negativing the claim of the petitioners that the petitioners are entitled for grant of patta with reference to Ac. 44.68 cents of land in S.No. 1298 of Jadagogula Agraharam h/o Juwaladinne, Bhogole Mandal, Nellore District and treating the same as waste land in terms of Section 2-A of A.P. (A.A) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short, the Act).2. According to the petitioners, Jadagogula Agraharam h/o Juwaladinne village is a Garbhakandriga in Juwaladinne revenue village. The provisions of the Act were made applicable to this Kandriga. The formalities of taking over this kandriga were completed during 1977. The total exten...


Jun 10 2003

Nuvvala Kiran Vs. the State of A.P.

Court: Andhra Pradesh

Decided on: Jun-10-2003

Reported in: 2003(2)ALD(Cri)410; 2004CriLJ1263

ORDERM. Narayana Reddy, J.1. This judgment, according to Law, arises out of a Criminal Appeal, filed by the sole appellant, against the sole respondent-State of A. P., under Sub-section (2) of Section 374, Cr. P.C., 1973, questioning the validity and legality of the adjudications made by, and set forth in para 2, infra.2. Judgment, dated 21-6-2002, of the Court of the VI Additional Metropolitan Sessions Judge, Secunderabad, made in S.C. No. 417/2001, of its file.3. Perused the material papers of the Record.4. Arguments were heard of the learned counsel for the sole appellant and the learned Addl. Public Prosecutor for the sole respondent-State.5. The sole appellant in this Criminal Appeal corresponds to the sole accused in the said SC No. 417/2001, of the file of the said Trial Court. The sole respondent herein corresponds to the sole complainant therein, being represented by the Inspector of Police, Chilkalaguda Police Station.6. The parties are, hereinafter, referred to, with referen...


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