Andhra Pradesh Court July 2005 Judgments
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V. Kalpana and anr. Vs. P. Venugopal Reddy
Court: Andhra Pradesh
Decided on: Jul-26-2005
Reported in: AIR2005AP484; 2005(6)ALD79; 2005(5)ALT419
ORDERC.Y. Somayajulu, J.1. In a suit filed for specific performance of an agreement of sale executed by the revision petitioners in favour of the respondent, after the respondent closed his evidence and when the case was posted for the evidence of revision petitioners, they filed an application, seeking permission of the Court to amend their written statement, by introducing a plea that the second sheet of the suit agreement of sale, Ex.A.1, is substituted with a forged and fabricated sheet which was dismissed by the trial Court by the order under revision, on being opposed by the respondent.2. The contention of the learned counsel for the revision petitioners is that since the petitioners came to know about the substitution of the second sheet of Ex.A.1 agreement of sale only when the case was posted for their evidence, the trial Court erred in dismissing the petition. The contention of the learned counsel for the respondent is that petitioners who admitted execution of Ex.A.1 in thei...
Kukkala Balakrishna S/O. Venkateswara Rao and ors. Vs. Vijaya Oil Mill ...
Court: Andhra Pradesh
Decided on: Jul-26-2005
Reported in: AIR2006AP98; 2006(1)ALD360
L. Narasimha Reddy, J. 1. Plaintiffs in O.S. No. 235 of 1995 on the file of the I Additional Junior Civil Judge, Bhimavaram are the appellants. The suit was filed for declaration that item No. 2 of the plaint schedule property is their absolute property, and for a perpetual injunction, restraining the 7th respondent herein, from obtaining possession of the said item, either through the process of the Court or otherwise.2. The trial Court dismissed the suit, through its judgment dated 31- 10-2000. Thereupon, they filed A.S. No. 1 of 2001 in the Court of Senior Civil Judge, Bhimavaram. The appeal was dismissed on 27-09-2004. Hence, this Second Appeal.3. The appellants are the sons of the 2nd respondent, by name, Venkateswara Rao. The father of the 2nd respondent, Mr.Manikyam, purchased item 1 of the suit schedule property admeasuring 73 cents in R.S. No. 212/4 of Goraganamudi village, through a sale deed, dated 04-05-1963 (Ex.A-1), and item 2, an agricultural land, admeasuring Ac.1.36 1/...
K. Durga Raju and ors. Vs. the District Collector and ors.
Court: Andhra Pradesh
Decided on: Jul-26-2005
Reported in: 2005(5)ALD50; 2005(5)ALT184
ORDERG. Chandraiah, J.1. This writ petition is filed questioning the proceedings of the 1st respondent-District collector, in case Nos.C3/DC/HS/11/93 and C3/DC/HS/12/93, dated 26.7.1994 confirming the orders passed by the 3rd and 4th respondents in Proceedings dated 3.6.1993 and 13.7.1990 respectively and quash the same and grant pattas in favour of the petitioners to an extent of Ac.00.02 gts. of land each covered by S.No. 650 of Miryalaguda, Nalgonda District under the provisions of the Act 21 of 1976.2. During the pendency of the writ petition, the 2nd petitioner died. Therefore, the 3rd petitioner was brought on record by an order, dated 10.11.1998 in W.P.M.P.No. 7736 of 1996. Similarly, the respondents 5 and 6 were also brought on record by virtue of the order, dated 21.3.1995 in W.P.M.P.No. 3406 of 1995.3. The facts relevant for appreciating the controversy may be briefly delineated as follows:The petitioners filed an application under Section 6(1) of the Andhra Pradesh Occupants...
Dr. V.V. Sai Naresh and anr. Vs. Union of India (Uoi) and ors.
Court: Andhra Pradesh
Decided on: Jul-26-2005
Reported in: 2005(5)ALD194; 2006(3)ALT577
ORDERB. Seshasayana Reddy, J.1. For the academic year 2005-2006, entrance examination for Super Speciality (2nd Post Graduate) Courses was held on 29-5-2005 by the University of Health Sciences, which was constituted under the Andhra Pradesh University of Health Sciences Act, 1986. In the notification issued by the University of Health Sciences, the conditions for admission to the Super Speciality (Second PG) Courses in the Medical Colleges for the said academic year were laid down; the seats in each of the super speciality were also specified along with the college or institute where they are available. Prospectus for admission to Super Speciality (2nd PG) Courses indicated the seats available under non-State wide and the seats available under the State-wide. Dr. J.A.L Ranganath-petitioner No. 1 did his MBBS (1st degree) from Adichunchanagiri Institute of Medical Sciences (AIMS) Bellur, University of Mysore, Karnataka and MD (General Medicine) from Kasturiba Medical College (KMC) Mang...
District Collector, Ranga Reddy District and ors. Vs. HussaIn MohiuddI ...
Court: Andhra Pradesh
Decided on: Jul-26-2005
Reported in: 2005(5)ALD799; 2005(5)ALT456
V. Eswaraiah, J.1. The appellants herein are the defendants in the suit O.S. No. 478 of 1990 on the file of the Principal Subordinate Judge, Ranga Reddy District filed by the sole respondent herein-plaintiff.2. The suit was decreed, under Order 8, Rule 10 of Civil Procedure Code for non-filing of written statement vide judgment and decree, dated 6-8-1991, against which, the Appeal Suit has been filed by the defendants therein.3. For the sake of convenience, the parties herein are referred to as arrayed in the suit.3-A. The plaintiff filed the suit against the defendants as under(a) to declare him as absolute owner and possessor having the title in and over the lands bearing Sy.No. 49/13, admeasuring Ac.15.00 situated at Bahadurguda village, Saroornagar revenue mandal, Rangareddy District,(b) directing the defendants to make necessary corrections in the relevant revenue records in respect of the above said property from the year 1962 onwards;(c) to grant permanent injunction restraining...
K. Bhaskaram and anr. Vs. Mohammad Moulana and ors.
Court: Andhra Pradesh
Decided on: Jul-25-2005
Reported in: AIR2005AP524; 2006(1)ALD102; 2005(6)ALT670
V. Eswaraiah, J.1. The appellants herein are the respondents-judgment debtors in E.A.No. 14 of 2004 in E.P.No. 107 of 2003 in O.S.No. 641 of 1994 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad.2. The suit O.S.No. 641 of 1994 was initially filed by the respondents 1 and 2 herein, who are the wife and husband. During the pendency of the said suit, the first plaintiff died, and therefore, his legal representatives were brought on record as plaintiffs 3 to 8, who are the respondents 3 to 8 in the appeal. The suit is filed for specific performance of agreement of sale and the same was decreed by the trial Court, which was also confirmed by this Court in the appeals. There is no dispute that the decree is joint and indivisible. During the pendency of the C.C.C.A. on the file of this Court, the second plaintiff, who is the wife of the first plaintiff, died and therefore, the plaintiffs 3 to 8 were also shown as her legal representatives. There is no dispute that the...
N. Mahadeva Naidu and anr. Vs. P. Rasool Bee (Died) by Lrs. and ors.
Court: Andhra Pradesh
Decided on: Jul-25-2005
Reported in: 2005(5)ALD614
A. Gopal Reddy, J. 1. Since these two appeals are preferred against the judgment and decree passed by the Subordinate Judge, Madanapalle dated 3-9-1990 in OS No. 24/1980, whereunder suit filed by the plaintiff (Respondent No. 1 herein) for partition of her 1/7th share and separate possession in the plaint schedule properties was decreed, were heard together and disposed of by this common judgment.2. Defendants 8 and 9 who are the subsequent purchasers from D-5, who purchased the property from D-3 and D-4, who are the sons of P. Ismail Beig, filed AS No. 2710/90 for claiming equities. Whereas the LRs of the 1st and 7th defendants filed AS No. 1722/1992.3. For the sake of convenience, the parties will be arrayed as they were appearing before the Trial Court.4. The brief facts which give rise to the controversy are as under: Plaintiffs, D-1 and D-2 are the daughters and Defendants 3 and 4 are the sons of late Ismail Beig and Sakina Bee. D-7 is the husband of D-1. D-5 who purchased the dis...
iragamreddi Chinna Konda Reddy Vs. Iragamreddi Narayanamma and anr.
Court: Andhra Pradesh
Decided on: Jul-25-2005
Reported in: 2005(5)ALT768; I(2006)DMC225
ORDERP.S. Narayana, J.1. Heard both sides.2. Sri L.J. Veera Reddy, the learned Counsel representing the revision petitioner-respondent-first defendant in I.A.No. 381 of 2004 in O.S.No. 107 of 2004 on the file of the Senior Civil Judge, Proddatur, would contend that inasmuch as it is a suit for partition, an application under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') is not maintainable. The learned Counsel also made an attempt to touch the merits and demerits of the impugned order.3. On the contrary, Sri Dushyanth Reddy, the learned Counsel representing the respondents-petitioners-plaintiffs, would contend that it may be true that Section 24 of the Act as such may not be applicable, but merely because the said provision had been quoted the Court is not powerless to grant interim maintenance and such power can be exercised under Section 151 C.P.C. The learned Counsel also relied upon a decision of Bombay High Court in Sangeeta Piyush Raj v. Piyus Chaturbhuj Raj, 1...
Damera Narsimha Reddy Vs. Syed Ibrahim and ors.
Court: Andhra Pradesh
Decided on: Jul-25-2005
Reported in: 2007ACJ1305; AIR2005AP482; 2005(5)ALD815; 2005(5)ALT609
ORDERL. Narasimha Reddy, J.1. Judgment-debtor No. 2 in E.P. No. 45 of 2001 on the file of the Principal District Munsif, Medak at Sangareddy, filed this civil revision petition. He challenges the order, dated 20-1-2005, whereunder the executing Court directed the sale of the property belonging to the petitioner.2. Respondents 1 and 2 filed O.P. No. 314 of 1998 under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal-cum-District Judge, Medak at Sangareddy, (hereinafter referred to as Tribunal) claiming compensation against the petitioner and the third respondent. They pleaded that their son by name Syed Nisar Ahmed died in an accident on 21-1-1997 involving a vehicle bearing No. AP-28/B-5646, owned by the third respondent and driven by the petitioner. Through its order, dated 6-2-2001, the Tribunal awarded a sum of Rs. 1,77,480/- as compensation and directed apportionment, between the respondents 1 and 2.3. The third respondent is said to have paid a...
Sangannagari Narasimulu Vs. State of Andhra Pradesh Represented by Its ...
Court: Andhra Pradesh
Decided on: Jul-22-2005
Reported in: 2005(2)ALD(Cri)387; 2005CriLJ4168; I(2006)DMC834
P. Lakshmana Reddy, J.1. This is a Criminal Revision Case filed against the conviction and sentence recorded against the revision petitioner in S.C.No.47 of 1996 by the Assistant Sessions Judge, Sangareddy which was confirmed in Crl.A.No.41 of 1998 by the Additional Sessions Judge (Fast Track Court), Medak at Sangareddy.2. The relevant facts in brief are as follows:The Inspector of Police, Pathancheruvu Police Station filed this case against the revision petitioner and his parents arraying them as A-1 to A-3 respectively alleging that on 04.07.1994 at about 4.30 p.m. the revision petitioner's wife late Smt. Sangannagari Mangamma committed suicide by hanging to a wooden beam in her residence on account of abetment and also harassment meted out to her in the hands of revision petitioner and his parents and therefore all the accused are liable for punishment under Sections 498-A and 306 I.P.C. On the said allegations, the learned Magistrate took the case on file and after observing all fo...
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