Andhra Pradesh Court November 2006 Judgments
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Nerusu Seetharavamma Vs. Nerusu Durgaiah
Court: Andhra Pradesh
Decided on: Nov-28-2006
Reported in: 2007(4)ALT52
P.S. Narayana, J.1. Nerusu Seetharavamma, the unsuccessful defendant in both the courts below had preferred the second appeal under Section 100 of the Code of Civil Procedure (herein after in short referred to as 'Code' for the purpose of convenience). Nerusu Durgaiah, respondent herein, the plaintiff filed the suit O.S.No.85 of 1984 on the file of the Principal Munsif Magistrate, Repalle, for declaration that the schedule property belongs to the plaintiff with absolute rights and for possession of the said property and also for future profits and costs of the suit.2. Before the court of first instance, on the respective pleadings of the parties having settled the issues, the evidence of P.Ws.1 to 5 and Dws.1 and 2 was recorded and Exs.A-1 to A-9 were marked and ultimately the court of first instance came to the conclusion that the respondent in the present second appeal, the plaintiff in the suit, is entitled to a decree and directed the defendant, the appellant herein to deliver item...
Narasimha Vs. Smt. V. Aannapurna and the Oriental India Insurance Comp ...
Court: Andhra Pradesh
Decided on: Nov-28-2006
Reported in: 2007(3)ALD389
C.Y. Somayajulu, J.1. Appellants, who are the son and daughter of Danaiah (deceased) who died due to an accident caused by the rash and negligent driving of the driver of the lorry belonging to the first respondent and insured with the second respondent filed a claim petition seeking compensation of Rs. 1,60,000/- from the respondents on the ground that the deceased who was aged 50 years was earning Rs. 2,900/- p.m. as salary by the date of his death in the accident.2. First respondent chose to remain ex parte.3. Second respondent filed its counter inter alia putting the appellants to proof of the averments in the petition relating to the age and income of the deceased and contending that the accident did not occur due to the rash and negligent driving of the driver of the lorry insured with it.4. In support of their claim, appellants examined the first appellant as P.W.1 and the other witnesses as P.Ws.2 and 3 and marked Exs.A.1 to A.5. No oral evidence was adduced on behalf of the se...
Kachana Padmavathi and anr. Vs. Proddatur Municipality and ors.
Court: Andhra Pradesh
Decided on: Nov-28-2006
Reported in: 2007(3)ALD614
L. Narasimha Reddy, J.1. The appellants filed O.S. No. 238 of 1983, in the Court of Principal District Munsif, Proddatur, for the relief of perpetual injunction, to restrain the respondents herein, from interfering with the possession of the suit schedule property, particularly, a strip of land, that was sought to be converted into a road. The relief of mandatory injunction was also prayed for, to direct the respondents herein, to remove the road laid by them.2. The appellants pleaded that their paternal grandmother, by name Veeramma, was the owner of Ac. 3-00 of land in Sy. No. 315/1 and 2 of Proddatur, and out of it, she bequeathed an extent of Ac. 1-00 of land, through a will dated 26-2-1974. They pleaded that on 17-8-1983, the defendants trespassed into the land and laid road, across it. They pleaded that the respondents do not have any right to lay the said road.3. On behalf of the respondents, a written statement was filed, stating, inter alia, that out of Ac. 3-00 of land, a par...
Arni Ramachandra Reddy (Died) and ors. Vs. Arni Sulochanamma
Court: Andhra Pradesh
Decided on: Nov-28-2006
Reported in: 2007(4)ALT68
P.S. Narayana, J.1. Heard the No. 1.2. Sri Subba Rao, the learned Counsel representing the appellant had pointed out to the substantial questions of law raised by him in the Second Appeal and would submit that in the light of the facts and circumstances, the following substantial question of law, in substance, would arise for consideration:Whether the findings recorded by the Courts below relating to oral partition and factum of possession be sustained in the facts and circumstances of the case?The learned Counsel in all fairness would submit that all other questions which had been formulated in the grounds of Second Appeal virtually in substance would boil down to the said question referred to supra. The learned Counsel had taken this court through the findings recorded by both the Courts below and had pointed out that the evidence available on record had not been appreciated in proper perspective and this can be taken as a substantial question of law involved in the Second Appeal.3. ...
P. Beebi Jan, W/O Imam HussaIn Vs. the State of Andhra Pradesh Panchay ...
Court: Andhra Pradesh
Decided on: Nov-27-2006
Reported in: 2007(3)ALD454
ORDERP.S. Narayana, J.1. The matter is coming up for admission.2. The learned G.P. for Panchayat Raj takes notice on behalf of R.1. Sri V.V.Prabhakar Rao takes notice on behalf of R.2, R.3 and R.4. Sri Vedula Venkata Ramana takes notice on behalf of R.6.3. The Writ Petition is filed for a Writ of Mandamus or other appropriate order or direction in the nature of Writ directing the respondents to re-notify the Election Programme to continue the process of election of Sarpanch of Piler Gram Panchayat, Chittoor District, after restoring the candidature of the petitioner for the post of Sarpanch of the said Gram Panchayat and after declaring the action of the respondents in re-notifying the Election Programme by Notification dated 21-11-2006 bearing No. 1792/SEC-B-2/2006, which excluded the candidature of the petitioner from the said post as arbitrary, illegal without jurisdiction and violative of A.P. Panchayat Raj (Conduct of Election) Rules, 1994 in the interest of justice and to pass su...
Kuna Thirumalamma and ors. Vs. R. Siva Nagi Reddy and the United India ...
Court: Andhra Pradesh
Decided on: Nov-27-2006
Reported in: 2007(3)ALD63
C.Y. Somayajulu, J.1. Appellants 1 to 5, who are the widow, children and mother of K. Subbarayudu (deceased) filed a claim petition under the provisions of the Motor Vehicles Act, 1988 (the Act), seeking compensation of Rs. 6,73,000/-, from the respondents, who are the owner and insurer of the lorry bearing No. AAQ-2586, alleging that the deceased, who was aged about 48 years, earning about Rs. 60,000/- p.a. died due to the rash and negligent driving of the driver of the lorry belonging to the first respondent while he was proceeding on motor cycle on 17-05-1995 at about 7.30 p.m.2. First respondent chose to remain ex parte.3. Second respondent filed its counter inter alia putting the appellants to proof of the averments in the petition.4. In support of their claim, appellants examined the first appellant as P.W.1 and two other witnesses as P.Ws.2 and 3 and marked Exs.A.1 to A.8. No oral evidence was adduced on behalf of the second respondent but Ex.B.1 was marked by consent.5. The Tri...
Qamar Begum and ors. Vs. Habeebunnisa
Court: Andhra Pradesh
Decided on: Nov-27-2006
Reported in: 2007(1)ALD515
ORDERL. Narasimha Reddy, J.1. This case presents another illustration, as to how unsafe, itis to entrust the functions of the Court, to an Advocate-Commissioner, indiscriminately.2. The petitioners filed O.S. No. 278 of 2001 in the Court of XII Additional Senior Civil Judge (Fast Track Court), City Civil Court, Secunderabad, against the respondent. The trial of the suit commenced. The recording of the evidence on behalf of the respondent, is in progress. She filed her affidavit in lieu of chief-examination. The trial Court had appointed an Advocate-Commissioner, to record her cross-examination. The Advocate-Commissioner, submitted a report, dated 17.4.2006, stating that the respondent, as DW. 1, has stated that she did not sign upon Exs.A.3 and A.4 and that she has gone to the extent of denying her signatures on the vakalat and the written statement also. He further complained that the respondent refused to sign the depositions and offered to put thumb impression on it.3. The trial Cou...
United India Insurance Company Limited Vs. Varigonda Jaya Krishna Babu ...
Court: Andhra Pradesh
Decided on: Nov-24-2006
Reported in: 2008ACJ932; 2007(3)ALD740; 2007(4)ALT642; [2007(114)FLR665]
C.Y. Somayajulu, J.1. Respondents 1 and 2 filed a petition before the Commissioner for Workmen's Compensation seeking compensation of Rs. 1,00,000/- from the third respondent and the appellant alleging that Krishna Murthy (the deceased), father of respondents 1 and 2, who was employed by the third respondent as Mines Manager, died out of and during the course of employment on 25-10-1993 at about 4.00 p.m due to an explosion that took place when the proclainer hit an explosives dump.2. Third respondent filed its counter admitting that the deceased was employed by it and as the proclainer that caused hit on the arms dump was insured with the appellant, the compensation, if any, is payable to respondents 1 and 2 only by the appellant.3. Appellant filed its counter putting respondents 1 and 2 to proof of the averments in the petition and contending that inasmuch as the death of the deceased did not take place while he was travelling in the proclainer, it is not liable to pay any compensati...
Canara Bank Vs. Power Grid Corporation of India Ltd. and ors.
Court: Andhra Pradesh
Decided on: Nov-24-2006
Reported in: 2007(1)ALD496
ORDERG. Rohini, J.1. Canara Bank, R.P. Road, Secunderabad, is the writ petitioner. In the affidavit filed in support of the writ petition, it is stated that the 4th respondent herein having availed certain credit facilities from the petitioner-Bank committed default in discharging the same. Consequently, the petitioner-Bank filed O.A. No. 404 of 2000 in the Debts Recovery Tribunal, Hyderabad, for recovery of amount due from the 4th respondent, which is pending.2. During the pendency of the above proceedings, the 1st respondent-Power Grid Corporation of India Limited had invoked the bank guarantee dated 24.2.1997 furnished by the petitioner-Bank on behalf of the 4th respondent. Accordingly, the petitioner-Bank paid the entire amount covered by the bank guarantee i.e., Rs.2,44,50,362/- to the 1st respondent-Corporation. The petitioner claims that the said amount is also due from the 4th respondent.3. While so, the 4th respondent-Company became a sick unit and on a reference made to the B...
Thatiokonda Butchi Nookayya Setty Vs. Golla Laxmana Rao
Court: Andhra Pradesh
Decided on: Nov-24-2006
Reported in: 2007(2)ALD366; 2008(1)ALT104
ORDERV. Eswaraiah, J.1 The petitioners, in all the CRPs., are the tenants and each tenant is in occupation of one room of the building bearing No. 7-9-9 situated at Mallimanugulavari Veedhi, Anakapalli, Visakhapatnam District. The respondent, who is the landlord, in all the C.R.Ps., is one and the same person, namely, Golla Lakshmana Rao.2. The respondent, in all the CRPs., filed eviction petitions in R.C.C. Nos. 1 to 6 of 1994 on the file of Principal Junior Civil Judge, Anakapalli, seeking eviction of the petitioners on the grounds of wilful default in payment of rents and personal requirement of the said building. The Principal Junior Civil Judge, Anakapalli, dismissed R.C.C. Nos. 1 to 6 of 1994, through separate orders, dated 11-7-2003. Aggrieved by the same, the respondent filed R.C.A. Nos. 2 to 7 of 2003 on the file of Principal Junior Civil Judge, Anakapalli. The Principal Senior Civil Judge, Anakapalli, allowed R.C.A. Nos. 2 to 7 of 2003, through separate orders, dated 13-7-200...
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