Andhra Pradesh Court August 2004 Judgments
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Devireddy Sulochanamma and ors. Vs. Rebala Pattabhiramireddy and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2004
Reported in: AIR2005AP64; 2004(5)ALD505; 2004(5)ALT475
ORDERB. Seshasayana Reddy, J.1. Aggrieved by the order dated 19.1.2004 passed in O.P. No. 468 of 1998 on the file of District Judge, Nellore, R1, R2, R3 and R6 therein have filed this civil revision petition under Article 227 of the Constitution of India. R1 to R4 herein are the petitioners/plaintiffs in O.P. No. 468 of 1998. They filed the suit as an indigent person against the petitioners and R5 to R12 herein seeking the following reliefs:'(a) declaring the first plaintiff herein as an indigent person and permit it to file this suit in forma pauperisea(a) declaring the Plaintiffs 2 to 4 herein as trustees of Rebala Pattabhirami Reddy charities as indigent persons and permit them to file the suit informa pauperis;(b) declaring the plaintiffs title over Plaint A and B schedule properties;(c) directing the Defendants 1 to 6 herein to deliver possession of Plaint A and B schedule mentioned properties and the relevant documents to the plaintiffs within the time fixed by this Hon'ble Court...
V. Prasad Reddy and anr. Vs. M. Gurumoorthy and ors.
Court: Andhra Pradesh
Decided on: Aug-13-2004
Reported in: 2004(6)ALD231; 2004(6)ALT530
Bilal Nazki, J. 1. OS Nos. 6 of 1996, 16 of 1996, 17 of 1996 and 18 of 1996 were decided by a common judgment by the III-Additional District Judge, Chittoor at Tirupati on 31-8-1998. This judgment became subject-matter of appeals in AS.Nos. 1713, 1715, 1716 of 1998 and 371 of 1999 and also subject-matter of CRP Nos. 1687 and 1688 of 1999. All of them were disposed of by a common judgment by a learned Single Judge of this Court. Now these LPAs have been filed against the judgment of the learned Single Judge of this Court.2. Before going to the main appeals, since the matter was heard against the common judgment of the learned Single Judge and the advocates appearing in appeals which are time barred were also heard, the delay in representing some LPAs is condoned and the requirement of furnishing certified copies of judgment is also dispensed with.3. All the suits were filed mainly for declaration that the judgment and decree in OS No. 161 of 1979 was not binding on the plaintiffs and in...
Venkateswara Electrical Stores and ors. Vs. Rajender Singh
Court: Andhra Pradesh
Decided on: Aug-13-2004
Reported in: 2004(6)ALD236
ORDERS.R.K. Prasad, J. 1. CRP No. 4556 of 2002 is directed against the orders passed in R.A. No. 239 of 1998 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad. CRP No. 4565 of 2002 is directed against the orders passed in R.A. No. 241 of 1998 on the file of the Additional Chief Judge, City Small Causes Court, Hyderabad.2. The facts that are required for consideration can be briefly stated as follows: The respondent herein is the landlord and the petitioners herein are tenants of the schedule premises being a non-residential building which originally belongs to Varakantham Indrasena Reddy. The landlord is said to have purchased the same on 29.7.1994. Thereupon, he presented R.C. No. 132 of 1995 on the file of the Additional Rent Controller, Hyderabad, seeking eviction of the tenants on the grounds of wilful default in payment of rents and also bona fide personal requirement for carrying on business under Sections 10(2)(1) and 10(3)(a)(iii)(b) of the Andhra Pr...
Varampeti Venkataswamy Reddy S/O Gurivi Reddy Vs. the District Collect ...
Court: Andhra Pradesh
Decided on: Aug-12-2004
Reported in: 2004(6)ALT417
Bilal Nazki, J.1. Heard learned counsel for the parties. It appears that there is a dispute between the petitioner and 5th respondent with regard to right of way. The matter is pending in a Civil Court. An application was made before the Collector who stated in his order that it could not be possible for him to decide the matter and asked the Mandal Revenue Officer to enquire into the matter and invoke Section 147 of Cr.P.C. Then the Mandal Revenue Officer, on the basis of order of the Collector, passed the impugned order. The impugned order reads as under :'In the reference cited the pattedar Sri K. Lakshmaiah of Kummarapale h/o Mudupulavemula village owns lands in S. Nos. 477- etc. in Mudupulavemula village and represented that there is plan marked cart track to his patta lands but Sri V. Venkataswamy Reddy and others of Reddiveripalle h/o Vepula by the village are obstructing the plan marked cart track and causing inconvenience to the petitioner. I request you to provide necessary p...
Satyam Reddy, S/O. Gangareddi Vs. the Special Dy. Collector, L.A-cum-l ...
Court: Andhra Pradesh
Decided on: Aug-12-2004
Reported in: 2004(6)ALT42
Bilal Nazki, J.1. Heard learned counsel for the parties and gone through the record. Counter-affidavit is not filed.2. In terms of the notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') dated 09-10-1975, the land belonging to the petitioner was acquired, the award was passed on 09-10-1979 and the Land Acquisition Officer fixed the compensation at Rs. 4,363/- per acre. Land of various other persons was also acquired in terms of the same notification and the award. Some of them filed an application under Section 18 of the Act for reference to the Civil Court. The learned Additional District Judge, Nizamabad, passed an award in O.P. No. 51 of 1987 enhancing the compensation from Rs. 4,363/- per acre to Rs. 8,500/- per acre. The award was pronounced by the learned Judge on 07-12-1989. The petitioner filed an application on 08-12-1989 before the Civil Court for obtaining certified copy of the judgment and copy was made available to him on 08-02-1990. He fil...
Gone Nagalaxmi W/O Venkat Reddy Vs. the Executive Officer, Gram Pancha ...
Court: Andhra Pradesh
Decided on: Aug-12-2004
Reported in: 2004(6)ALT227
V.V.S. Rao, J.1. The husband of the petitioner Venkat Reddy and respondents 3 to 5 herein jointly purchased the house property bearing house No.1-71 of Station Ghanpur village in the year 1974. All the four names were shown in the Panchayat Property Tax Assessment Register. It is the case of the petitioner that some time later respondents 3 to 5 gave an application to Gram Panchayat requesting to mutate the name of Venkat Reddy alone as owner of the property. Accordingly from the financial year 1989-1990, the Gram Panchayat modified the records and has been collecting property tax from the husband of the petitioner. After the death of her husband, the petitioner appears to have made an application in the year 1977 to mutate the property in her name. Be that as it is, the third respondent also appears to have filed an application before the second respondent for revising the entries in the Property Tax Register. By impugned order dated 26.04.1999, the second respondent ordered that the ...
Y. Saratchandra Vs. Lakshminarasimha Finances and anr.
Court: Andhra Pradesh
Decided on: Aug-12-2004
Reported in: 2004(5)ALD469; 2004(5)ALT449
ORDERD.S.R. Varma, J.1. Heard both sides.2. This revision is directed against the order, dated 1-6-2004, passed in E.P. No. 496 of 2002 in O.S. No. 1228 of 2000, by the Principal Junior Civil Judge, Kurnool, ordering arrest of the petitioner under Order XXI, Rules 37 and 38 of the Code of Civil Procedure.3. The petitioner is Judgment Debtor No. 2, first respondent is Decree Holder and second respondent is Judgment Debtor No. 1 respectively before the Executing Court.4. For the sake of convenience, in this order, parties will be referred to as arrayed before the Executing Court.5. The facts, which are not in dispute, are that E.P. has been filed by the Decree Holder against Judgment Debtor-2. Judgment Debtor-2 is the guarantor. Judgment Debtor-1 is the principal borrower. The Executing Court, having considered the material available on record, allowed the E.P. filed under Order XXI, Rules 37 and 38 C.P.C., ordering arrest of JDR-2. Aggrieved by the same, the present civil revision petit...
Rahmat Begum Vs. Chief Warden, Hostels and Messes, Osmania University ...
Court: Andhra Pradesh
Decided on: Aug-12-2004
Reported in: 2004(5)ALD559; 2004(6)ALT226
ORDERGoda Raghuram, J.1. Seeking regularization of services with effect from the date the juniors to the petitioner were regularized and for consequential benefits on that basis, the writ petition is filed.2. The Chief Warden, Hostels and Messes, Osmania University, the Joint Registrar (Administration) Osmania University, and the Vice-Chancellor, Osmania University, Hyderabad have been impleaded as respondents to the writ petition. The authorized representative the Registrar of the University is not impleaded as a respondent.3. According to the petitioner, she was working in the hostel of Osmania University since September 1981 as a casual employee on a consolidated wage of Rs. 100/ - p.m., and her services were discontinued during summer vacation.4. It is stated by the learned Counsel for the petitioner that since 1987, the petitioner was discontinued from service and has not been paid wages. However, the petitioner has been attending to the work in the hostels as she was getting free...
T. Vinod Kumar Vs. Director of School Education
Court: Andhra Pradesh
Decided on: Aug-12-2004
Reported in: 2004(6)ALD483
ORDERN.V. Ramana, J.1. This writ petition is filed to direct the respondent to correct the date of birth of the petitioner as 17-11-1964 in S.S.C. certificate in view of the judgment and decree passed in A.S. No. 15 of 1988 on the file of the Subordinate Judge at Suryapet, Nalgonda and to return the original S.S.C. certificate after making necessary corrections.2. The facts in brief are that the correct date of birth of the petitioner is 17-11-1964 and due to mistake the same was wrongly recorded as 28-2-1963 in his school records and in the S.S.C. certificate. That on noticing the said mistake the petitioner filed a suit in O.S. No. 1110 of 1985 on the file of the District Munsiff, Suryapet, Nalgonda for declaration of his date of birth as 17-11-1964. On consideration of the matter, the District Munsiff dismissed the suit. Aggrieved by the same, the petitioner filed an appeal in A.S. No. 15 of 1988 on the file of the Subordinate Judge, Suryapet, Nalgonda and the same was allowed by or...
Oriental Insurance Co. Ltd. Vs. B.T. Laxmi Suresh and ors.
Court: Andhra Pradesh
Decided on: Aug-12-2004
Reported in: III(2005)ACC288; 2006ACJ2260; 2004(6)ALD229
Elipe Dharma Rao, J. 1. Both the appeals arising out of a common order passed in M.V.O.P.Nos. 330 of 1994 and 620 of 1994 dated 13.10.1997 on the file of the Motor Vehicle Accidents Claims Tribunal-cum-District Judge, Cuddapah.2. The Appellant-Insurance Company, assailing the common order passed by the. Tribunal, awarding compensation to the petitioners therein i.e., legal heirs of the deceased, said to be Supervisor of Lorry owned by fifth respondent herein, who met his last in a road accident while travelling in the lorry, filed the above appeals contending that the Insurance Policy does not cover the risk of the Supervisor and therefore the Insurance Company is not liable to pay any compensation and the owner of the vehicle i.e., fifth respondent herein alone is liable to pay the compensation. That apart, it is contended that the owner of the vehicle remained ex parte before the Tribunal and the appellant-Insurance Company contested the matter by filing written statement.3. The fact...
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