Andhra Pradesh Court June 2005 Judgments
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S. Lakshmireddy Vs. Gutha Sanjeevamma
Court: Andhra Pradesh
Decided on: Jun-13-2005
Reported in: 2005(6)ALD226; 2005(4)ALT242; IV(2005)BC278
ORDERP.S. Narayana, J.1. Heard Sri Prakash Reddy, the counsel representing the revision petitioner.2. The matter is coming up for admission to-day. The Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure as against the order dated 27-04-2005 made in I.A. No. 2069 of 2004 in A.S. No. 114 of 2004 on the file of the I Additional District Judge, Cuddapah. The appellant in A.S. No. 114 of 2004 moved an application I.A. No. 2069 of 2004 under Order 41 Rule 5 of C.P.C. praying for stay of execution of proceedings in E.P. No. 177 of 2004 in O.S. No. 75 of 1996 on the file of Senior Civil Judge, Cuddapah. The learned Judge taking the facts and circumstances into consideration ultimately directed the petitioner-appellant to deposit the decretal amount in the E.P. pending on the file of Senior Civil Judge, Cuddapah, as claimed in the E.P. on or before 7-6-2005 and it was also further directed that the respondent-plaintiff shall not withdraw the amount till the appeal...
Pothuneedi Laxmana Rao Vs. Kadasu Muneswara Rao
Court: Andhra Pradesh
Decided on: Jun-13-2005
Reported in: 2005(4)ALD833; 2005(4)ALT444
ORDERA. Gopal Reddy, J.1. Judgment debtor in O.S. No. 134 of 2003 filed this revision assailing the correctness of the order passed by the Principal Junior Civil Judge, Narsapur in ordering E.P. No. 28 of 2004 dated 2-11-2004 for arrest of the judgment debtor and to detain him in civil prison for due execution of the decree obtained by the decree holder in the said suit.2. Heard the learned counsel for the petitioner and also learned counsel for the respondent.3. Decree holder who obtained decree for a sum of Rs. 40,000/- filed the above E.P. for sending judgment debtor to a civil prison as he is evading payment of the decretal amount intentionally though having sufficient means; that he is having one acre of wet land at Aagarru village the cost of which is Rs. 4,00,000f- and it fetches income of Rs. 30,000/- per annum apart from the same he is also owning 0.40 cts. of dry land at Seetharamapuram village value of the same will be Rs. 40,000/- and judgment debtor is also doing business ...
Union of India (Uoi) and anr. Vs. Singareni Collieries Co. Ltd. and an ...
Court: Andhra Pradesh
Decided on: Jun-13-2005
Reported in: 2005(5)ALD85
P.S. Narayana, J.1. This appeal is preferred by the Union of India, represented by its General Manager, South Central Railway, Secunderabad, and the Chief Claims Officer, South Central Railway, Rail Nilayam, Secunderabad, who are defendants 1 and 2 in O.S. No. 101/87 on the file of Subordinate Judge, Kothagudem. The 3rd defendants in the suit-The Indian Explosives Limited was impleaded as 2nd represent in the present appeal and the appeal was dismissed for default as against R.2. The Singareni Colleries Company Limited, represented by its Law Officer, Kothagudem is the 1st respondent-plaintiff. 2. The respondent No. 1 herein - the plaintiff filed the suit for recovery of Rs. 78,786-49 ps., together with future interest at 18% per annum, on Rs. 52,176-48 ps., being the value of 161 cases of Ajax-G Explosives.3. The learned Subordinate Judge, Kothagudem, on the respective pleadings of the parties had settled the issues, examined P.Ws.1, D.Ws.1 to 3, marked Exs.A.1 to A.9 and Exs.B.1 and ...
Purini Krishnaiah Vs. Nuvvuru Venkata Ramanaiah
Court: Andhra Pradesh
Decided on: Jun-13-2005
Reported in: AIR2005AP504; 2005(5)ALD151; 2005(6)ALT202
ORDERL. Narasimha Reddy, J.1. These two revisions are interrelated to each other. Hence, they are disposed of through a common order.2. The petitioner filed O.S. No. 30 of 1999, in the Court of Principal Senior Civil Judge, Nellore, for the relief of specific performance of an agreement of sale, dated 9-2-1995. The trial of the suit commenced, and the agreement of sale was marked as Ex.A-1. At a large stage, the petitioner came forward with a plea that in continuation of Ex.A-1; another agreement dated 18-10-1995, was executed by the respondent, slightly enhancing the consideration. He sought to introduce the same into the suit. At the request of the petitioner, the Trial Court sent that document, for impounding, to the Revenue Divisional Officer (RDO), Nellore. It is stated that the RDO determined the deficit stamp duty and penalty, payable thereon at Rs. 24,649/- and Rs. 98,596/- respectively. Feeling aggrieved by this determination, the petitioner filed W.P. No. 14277 of 2001. The s...
Appana Venkata Lakshmi Vs. Chebrolu Ratna Manikyamba and ors.
Court: Andhra Pradesh
Decided on: Jun-13-2005
Reported in: 2005(5)ALD526
L. Narasimha Reddy, J. 1. The second appeal is filed by defendant No. 6 in O.S.No. 869 of 1993 on the file of the Principal Junior Civil Judge, Rajahmundry. The first respondent is the plaintiff. She filed the suit initially for the relief of perpetual injunction. Thereafter, she amended the suit by incorporating the prayer for declaration of title and recovery of possession of the suit schedule property comprising of a room of 16 square yards at Rajahmundry. The trial Court decreed the suit. Aggrieved thereby, the appellant and certain other defendants in the suit filed A.S. No. 67 of 2000 in the Court of the V Additional District Judge (Fast Track Court), Rajahmundry. The lower appellate Court dismissed the appeal through its judgment, dated 26.2.2004.2. The facts, in brief, that gave rise to the filing of the suit and the subsequent appeal, are as under:3. Originally, the suit schedule property was held by one Smt. Teegala Rattamma. The first defendant, by name Parvathamma, is her d...
P. Koteswaramma Vs. Star Electrical Industries and ors.
Court: Andhra Pradesh
Decided on: Jun-13-2005
Reported in: 2005(6)ALD278
P.S. Narayana, J.1. P. Koteswaramma, the unsuccessful plaintiff in O.S. No. 594 of 1984 on the file of the III Additional Judge, City Civil Court, Hyderabad, aggrieved by the judgment and decree made in the said suit dated 26-4-1994 dismissing the suit, had preferred the present appeal.2. Sri Ganesh Rao, the learned Counsel representing the appellant-plaintiff had taken this Court through the evidence of P.Ws.1 and 2 and also would maintain that to examine the plaintiff an application was moved and the said application was dismissed and also an application was moved relating to the priority of examination of witnesses and the said application was also dismissed. The learned Counsel also would submit that however P.W.1, the manager of plaintiff concern, and P.W.2, the plaintiff's brother, were examined. On behalf of the defendants D.Ws.1 and 2 were examined. D.W.1 is the second defendant and D.W.2 is the Manager of the Punjab National Bank. The learned Counsel would submit that the sign...
Datla Surya Kumari Vs. Gram Panchayat and anr.
Court: Andhra Pradesh
Decided on: Jun-13-2005
Reported in: 2006(2)ALD249
ORDERA. Gopal Reddy, J.1. This revision petition is filed under Article 227 of the Constitution of India questioning the correctness of the order passed by the Principal District Judge, West Godavari District at Eluru dated 1-3-2005 in S.R. No.3034/2005 dated 21-2-2005 in returning the plaint holding that suit cannot be entertained in the absence of any order from the first respondent-Gram Panchayat or action taken or to be taken in accordance with the provisions of the A.P. Panchayat Raj Act, 1994 (for short 'the Act').2. The revision petitioner-plaintiff instituted the above suit for mandatory injunction to remove the black sand in 'A1B1C1D1' area of the plaint schedule plan upto 2 feet placed by the defendants and to reduce the same to its normal level; permanent injunction restraining the defendants from forming a road in an height of 4 feet in 'A1B1C1D1' area of the plaint plan and for a mandatory injunction to remove the earth placed in the said area. Office raised an objection s...
S. Murali Krishna and ors. Vs. Principal Secretary to Govt., Education ...
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(4)ALD225; 2005(4)ALT216
Bilal Nazki, A.C.J.1. This case was referred to the Full Bench by a Division Bench. The order of the Division Bench is reproduced hereunder, in order to understand what is the controversy:'The writ petitioners are 100% visually handicapped persons. They are also members of A.P. State Royal Association for Blind People which is a registered body at Cuddapah. They appeared for SGT (Telugu) posts from Cuddapah Zone in DSC, 2000. They were not called for counselling. They filed O.A. Nos. 6849 and 7376 of 2000 before the A.P. Administrative Tribunal, thereafter they filed two writ petitions. Pending these writ petitions they appeared for DSC, 2001 and 2002. In DSC 2002 the respondents reserved 7 posts of SGT (Telugu), Cuddapah zone, 3 for men and 4 for women visually handicapped. The petitioners contended that, in fact there were 4 posts reserved for women but there was only one woman eligible. The Government of India by its memo dated 14-11-1977 reserved the posts for physically handicappe...
Namburi Bangarraju Vs. Indukuri Satyanarayanaraju and ors.
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(4)ALD660; 2005(4)ALT235
ORDERL. Narasimha Reddy, J.1. This Civil Revision Petition is filed under Article 227 of the Constitution of India against the concurrent judgments rendered in A.T.C. No. 46 of 2002 on the file of the Special Officer-cum-Principal Junior Civil Judge, Kothapet, and A.T.A. No. 14 of 2004 on the file of the Appellate Authority-cum-District Judge, East Godavari, Rajahmundry.2. The petitioner filed A.T.C. No. 46 of 2002 under Section 16 of the Andhra Pradesh (Andhra Area) Tenancy Act (for short 'the Act') for the relief of declaration that he is a statutory tenant and that he cannot be evicted otherwise than through the procedure prescribed by law. According to him, his father late Suryanarayanaraju was the tenant of 0-40 cents of Schedule property from the year 1955 and after his death he continued as tenant. He alleged that the land was leased out to them by the members of Dandu family of their village and that in a suit for partition between Dandu family on the one hand and the responden...
B. Laxmi Vs. B. Venugopal
Court: Andhra Pradesh
Decided on: Jun-10-2005
Reported in: 2005(4)ALT428
ORDERBilal Nazki, Acting C.J.1. This Civil Revision Petition has been filed by Smt. Laxmi, who is respondent in I.A. No. 957 of 2004 in OP. No. 225 of 2003 before the Family Court, Hyderabad.2. The petition was filed before the trial Court by the husband against the present petitioner with a prayer that she should be referred to a physician for medical examination so as to determine whether she was suffering from Schizophrenia or any other mental disease. The main OP was filed for divorce. The trial Court allowed the petition and directed the petitioner herein to appear before the Superintendent, Mental Hospital, Yarragadda, for examination on a particular date. Aggrieved thereby, this Civil Revision Petition is filed.3. The order in LA. No. 957 of 2004 is challenged on the ground that it is an invasion over the rights of the petitioner as enshrined in Article 21 of the Constitution of India. However, this revision was entertained. On 31-12-2004, this Court directed parties to be prese...
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