Andhra Pradesh Court March 2004 Judgments

Jagati Thimma Raju Vs. Dronamraju Sitabhai and ors.

Court: Andhra Pradesh

Reported in: 2004(3)ALD735; 2004(3)ALT634

ORDERB. Prakash Rao, J.1. Heard Sri M.R.S. Srinivas, and Sri C.C.S. Sastry, learned Counselappearing on behalf of the petitioner and the respondents respectively.2. The petitioner herein is a tenant who seeks to assail the orders rejecting an application in I.A. No. 2394 of 1994 in A.T.A. No. 89 of 1990 dated 8-11-1996 on the file of District Judge, West Godavari, Eluru filed under Section 5 of the Limitation Act to condone the delay of 92 days in filing the petition to set aside the abatement in filing an application to bring legal representatives of the deceased landlord.3. It is the case of the petitioner is that he filed a regular appeal in A.T.A. No. 89 of 1990 under the provisions of Andhra Pradesh (Andhra Area) Tenancy Act, hereinafter referred to as 'the Tenancy Act' against the orders of eviction passed by the Primary Tribunal in A.T.C. No. 24 of 1984 on the file of Special Officer (Principal District Munsif), Kovvur. During pendency of the appeal, sole respondent-landlord die...

A.P. State Road Transport Corporation, Rep. by Its General Manager (No ...

Court: Andhra Pradesh

Reported in: II(2005)ACC65; 2004(5)ALT235

C.Y. Somayajulu, J.1. Since both these appeals arise out of the same claim petition they are being disposed of by a common judgment. 2. For the sake of convenience the parties would herein after be referred to as they are arrayed in the Tribunal.3. Claimants who are the widow, children and mother of Apparao (the deceased), who died due to an accident that occurred on 28-05-1996 at about 11.00 p.m., due to a collision between the scooter on which he was proceeding and a bus belonging to the respondent, allegedly due to the rash and negligent driving of the driver of the bus, filed the claim petition seeking compensation of Rs.3,30,000/- from the respondent on the basis that the deceased who was aged about 40 years was earning Rs.5,000/- per month. Respondent filed counter inter alia contending that the accident occurred only due to the rash and negligent driving of the scooter by the deceased and that there was no negligence on the part of the driver of the bus belonging to it. 4. In su...

Chennamilla Chenna Basavaiah Vs. the Deputy Commissioner of Endowments ...

Court: Andhra Pradesh

Reported in: AIR2004AP467; 2004(4)ALD638

Bilal Nazki, J.1. The plaintiff filed a suit being O.S.No.559 of 1982 seeking a declaration that Neelakantaiah Samadhi in one acre of site situated in M.Nos.6-1-22, 23, 23-1 was not public religious institution. They also sought a decree for setting aside the order No.4 of Deputy Commissioner of Endowments, Andhra Pradesh, passed in O.A.No. 54 of 1977 on 11.3.1982.The plaintiff also asked for an injunction against the defendants, restraining them from interfering with his peaceful possession and enjoyment of the suit property. The suit has been dismissed. Therefore, the appellant filed this appeal.2. The facts on the basis of which the suit was filed were that the plaintiff was the owner of the land measuring one acre within the Municipal limits of Tandur town, situated in Survey Nos.22, 23 and 23-1. The area in which the land is situated is known as 'Tarkari Baxar'. The plaintiff also claimed that he was in possession of the suit property. The suit property belonged to the family of f...

The National Insurance Company Ltd. Vs. B. Ramagoud, Son of Rajagoud a ...

Court: Andhra Pradesh

Reported in: 2006ACJ2143; 2004(5)ALT315

C.Y. Somayajulu, J.1. Since both these appeals arise out of O.P.31 of 1991 on the file of the Court of Motor Accidents Claims Tribunal-cum-District Judge, Adilabad, they are being disposed of by a common judgment.For the sake of convenience, the parties would be referred to as they are arrayed before the Tribunal.2. Claimant filed claim petition seeking compensation of Rs.2,50,000/- from the respondents alleging that, when he was proceeding as a pillion on the scooter bearing No. AAI 3345, belonging to the second respondent, being driven by the third respondent, and under a hire purchase agreement with fourth respondent and insured with the fifth respondent, a motor cycle bearing No. ABJ 770 belonging to and being driven by the sixth respondent and insured with the seventh respondent came at speed and in a rash and negligent manner from opposite direction of the scooter and dashed against the scooter on which he was proceeding resulting in injuries and consequent amputation of his righ...

Sri Sobhanadri Lakshmi Narasimhaswamy Varla Veda Pathasala Vs. Distric ...

Court: Andhra Pradesh

Reported in: 2004(4)ALD240; 2004(4)ALT349

ORDERN.V. Ramana, J. 1. Impugning the order dated 21-2-2004, passed by the Revenue Divisional Officer, Nuzvid, refusing to entertain the appeal filed by the petitioner against the order of the Mandal Revenue Officer, dated 31-3-2002 on the ground that the same is barred by limitation, the petitioner filed the present writ petition.2. The petitioner, which is an educational institution, was started in 1908. The petitioner claims to have purchased an extent of Ac.49-38 cents in Telaprolu Village, Krishna District, which are inam lands, under different sale deeds in 1916, 1936 and 1937. Before and after the purchase of the land, the petitioner states that some persons were cultivating the land purchased by them as tenants. The petitioner states that as the land purchased by them is an inam land, having regard to the provisions of Section 4(2)(b) of the A.P. (A.A.) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short 'the Act'), they are entitled to be granted ryotwari patta...

Chodey Sanyasi Rao Vs. Cheekati Parasuram Naidu (Died) by Lrs. and ors ...

Court: Andhra Pradesh

Reported in: 2004(4)ALD609; 2004(5)ALT39

Gopala Krishna Tamada, J.1. Aggrieved by the decree and judgment passed in OS No. 49/77 on 17.7.1987 by the learned Subordinate Judge, Parvathipuram, the plaintiff has preferred this appeal.2. The plaintiff is the appellant and the defendants are the respondents herein. The parties will be referred to as arrayed in the Court below.3. The facts that led to the filing of this appeal, in brief are as under:The plaintiff filed the suit against the defendants for recovery of a sum of Rs. 83,000/- due under a simple mortgage bond alleging that Defendants 1 to 7 herein constitute a Hindu Joint Family and Defendants 2 to 7 are the sons of the 1st defendant, who is the manager of the said joint family. The 8th defendant is a close relative of Defendants 1 to 7. The said joint family wanted to construct a Kandasari Sugar Factory at Artham Village in Srikakulam District for its benefit and, accordingly, Defendants 1 to 7 purchased machinery from N.E. Works Contractors Choday Surya Rao and others,...

Nellore Arya Vysya Bullion Merchants and Pawan Brokers Association and ...

Court: Andhra Pradesh

Reported in: 2004(3)ALT511; III(2004)BC512

ORDERL. Narasimha Reddy, J.1. This Transfer CMP is filed seeking transfer of O.S. 1233 of 2000 on the file of the II Senior Civil Judge, City Civil Court, Hyderabad to the Court of Senior Civil Judge, Nellore to be tried along with O.S. 38 of 1989, 30/2000 and 113/2000 pending in that Court.2. The first respondent filed O.S. 1233 of 2000 in the Court of II Senior Civil Judge, City Civil Court, Hyderabad against the petitioners 1 to 4 and respondents 2 and 3 for recovery of a sum of Rs. 3,48,440/-(Rupees Three lakhs forty eight thousands four hundred and forty only). It is his case that respondents 2 and 3 borrowed a sum of Rs. 2,00,000/- from one Mr. T. Suresh on 29-05-1997 and executed a promissory note for repayment of it. He contends that the holder of the promissory note, in turn, had transferred it in his favour. He pleaded that despite several demands, petitioners 1 to 4, who have succeeded to respondents 2 and 3 in administration of the association, have not repaid the same.3. T...

National Insurance Co. Ltd. Vs. B. Rama Goud and ors.

Court: Andhra Pradesh

Reported in: II(2005)ACC70

C.Y. Somayajulu, J.1. Since both these appeals arise out of O.P. 31 of 1991 on the file of the Court of Motor Accident Claims Tribunal-cum-District Judge, Adilabad, they are being disposed of by a common judgment.2. For the sake of convenience, the parties would be referred to as they are arrayed before the Tribunal.3. Claimant filed claim petition seeking compensation of Rs. 2,50,000/- from the respondents alleging that, when he was proceeding as a pillion rider on the scooter bearing No. AAI 3345, belonging to the second respondent, being driven by the third respondent, and under a hire purchase agreement with fourth respondent and insured with the fifth respondent, a motor-cycle bearing No. ABJ 770 belonging to and being driven by the sixth respondent and insured with the seventh respondent came at speed and in a rash and negligent manner from opposite direction of the scooter and dashed against the scooter on which he was proceeding resulting in injuries and consequent amputation o...

Andhra Pradesh State Road Transport Corporation Vs. Chatharajupalli Na ...

Court: Andhra Pradesh

Reported in: II(2007)ACC65

ORDERC.Y. Somayajulu, J.1. Since both these appeals arise out of the same claim petition they are being disposed of by a common judgment.2. For the sake of convenience the parties would hereinafter be referred to as they are arrayed in the Tribunal.3. Claimants who are the widow, children and mother of Apparao (the deceased), who died due to an accident that occurred on 28.5.1996 at about 11.00 p.m., due to a collision between the scooter on which he was proceeding and a bus belonging to the respondent, allegedly due to the rash and negligent driving of the driver of the bus, filed the claim petition seeking compensation of Rs. 3,30,000/- from the respondent on the basis that the deceased who was aged about 46 years was earning Rs. 5,000/- per month. Respondent filed counter inter alia contending that the accident occurred only due to the rash and negligent driving of the scooter by the deceased and that there was no negligence on the part of the driver of the bus belonging to it.4. In...

Senior Area Manager, Indane Area Office and Another Vs. S. Subbarayudu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

I. Venkatanarayana, President: 1. Opposite parties 2 and 3 are the appellants in FA No. 471/2000 and opposite party No. 4 is the appellant in FA No. 472/2000. Aggrieved by the order of the District Forum, Kurnool in O.P. No. 183/1997 dated 5.8.1999, the present appeals have been filed. 2. The factual matrix leading to the filing of these appeals are set out hereunder: 3. The complainant is a consumer of opposite parties 1 to 3 and opposite party No. 4 is the insurer of opposite party No. 1. On 2.4.1996 at about 5.00 a.m. the gas cylinder supplied by opposite party No. 1 suddenly exploded getting ablaze entire house, destroying several articles like Mixie, T.V., new clothes resulting in heavy damage to the property and causing injury to the family members of the complainant. As the claim of the complainant was not settled by the opposite parties, the complainant has filed the complaint. 4. Opposite party No. 4, filed its written version which was adopted by opposite parties 1 to 3 by me...