Andhra Pradesh Court December 2006 Judgments
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P. Raghu Kumar Vs. Special Officer, Municipality Bhadrachalam and ors.
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: 2007(2)ALD332; 2007(3)ALT197
ORDERP.S. Narayana, J.1. All these writ petitions are coming up for admission today. Notice Before Admission had been ordered and status quo for a limited period was granted, which is being extended from time to time. In Writ Petition Nos. 10055, 10136, 10137, 10223 of 2006, 4th respondent came on record on the ground that at his instance and on his representation only, the present impugned action had been initiated and hence he must also be given opportunity of hearing in these writ petitions before passing an order. It is stated that in Writ Petition No. 10274 of 2006 also the facts are similar and in fact the implead application and vacate application were already moved, and further submissions are made that inasmuch as the facts are similar, the said writ petition also can be disposed of.2. These writ petitions are filed for a writ of mandamus declaring the respective notices dated 3.5.2006 issued by the 1st respondent as arbitrary, unreasonable, illegal and violative of principles...
Boni Appamma and ors. Vs. Boni Satya Rao
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: 2007(3)ALD597; 2007(3)ALT670
L. Narasimha Reddy, J.1. Appellants are the defendants in O.S. No. 494 of 1987 on the file of the learned Principal District Munsif, Vizianagaram. The respondent filed the suit, for the relief of partition of plaint 'A' and 'B' schedule properties into two equal shares and for allotment of one share to him. He has also prayed for a direction for ascertainment of the mesne profits.2. The relevant facts may be briefly stated as under:The father of the respondent, by name Boni Yerru Naidu, the husband of the first appellant and father of appellants 2 and 3, by name Boni Satyam, and two others, by name Boni Tata and Boni Joginaidu, are brothers. The family held lands in Korukondapalem, Pinavemali and Attada Villages of Vizianagaram District. Yerru Naidu went as an illitom son-in-law to his father-in-law's house at Dharmavaram.3. The respondent pleaded that there was a partition of the joint family properties among four brothers and the shares of his father Yerru Naidu and that of Boni Saty...
Gemini Printers Vs. Municipal Corporation of Hyderabad and ors.
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: 2007(2)ALD766; 2007(4)ALT215
ORDERP.S. Narayana, J.1. The matter is coming up for admission.2. Sri Ganta Rama Rao, learned Standing Counsel takes, notice on behalf of the respondents.3. The writ petition is filed for a writ of certiorari calling for the entire record relating to the notice No. 303/ACP/ C6/MCH/06 dated 12-12-2006 given under Section 459 of the Hyderabad Municipal Corporation Act, 1955, (hereinafter in short referred to as 'the Act') issued by the 2nd respondent and declare the action of the 2nd respondent in issuing the impugned notice alleging that the premises bearing No. 5-5-426/21/W, M.J Road 'is in serious condition or likely to fall' and on requiring the owner/occupier (the petitioner herein being the occupier) to show-cause by submitting objections, if any, within three days setting out all the 'objections as to why the same should not be pulled down/ Remove/Repair to prevent all causes of danger therefrom' at the petitioner expenses, as arbitrary, illegal, unjust, unfair, unreasonable, disc...
Amanamanchi Venkateswarlu Vs. Brudanam Venkata Rao
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: 2007(3)ALD154; 2007(2)ALT532
ORDERC.Y. Somayajulu, J.1. Revision petitioner filed O.S. No. 5 of 1972 on the file of the Court of Subordinate Judge, Tanuku for declaration of his title to Ac. 0-50 of land in Survey No. 203/1 of Rapaka village within the boundaries mentioned in the A schedule appended to the plaint and for other reliefs. By the decree and judgment dated 08-08-1975 the learned Subordinate Judge while declaring the title of the revision petitioner to the plaint A schedule property of Ac. 0-50 ordered delivery of possession of the property from the defendants in the suit and dismissed the suit relating to the relief of recovery of possession of property in respect of plaint B and C schedules. That decree was modified in A.S. No. 39 of 1977 filed by the defendants in the suit holding that the revision petitioner's title to the plaint A schedule is subject to the life estate of the fifth defendant in the suit and that he is entitled to recovery of possession of the said property only after the death of t...
D.N. Raju Vs. Smt. Santosh Verma and anr.
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: AIR2007AP127; 2007(3)ALD44; 2007(4)ALT492
ORDERL. Narasimha Reddy, J.1. The unsuccessful plaintiffs in O.S. No. 602 of 1994 and batch, on the file of the Principal Junior Civil Judge (East and North), Ranga Reddy District, at L.B. Nagar; are the appellants. They filed the respective suits against the respondents 1 and 2, for the relief of specific performance of a common agreement of sale. According to them, the 1st respondent is the absolute owner of the property in the suit schedule. and through her G.P.A., she executed an agreement of sale (Ex.A-1). dated 22-10-1982, for sale of individual plots, to the in dividual appellants, through the medium of the 2nd respondent-Co-operative Housing Society Ltd. They pleaded that they paid the entire consideration for the suit schedule property and the 1st respondent went on postponing the execution of sale deeds, stating that permission from the Government is to be obtained. Reference is made to the notices got issued on their behalf, from time to time, and ultimately claimed the reli...
Velishala Jayaprada Vs. A. Chandrakala
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: 2007(3)ALD467; 2007(3)ALT675
P.S. Narayana, J.1. Heard Sri H. Venugopal, the learned Counsel representing the appellant and Sri Viswanath Reddy, the learned Counsel representing the respondent.2. This Court ordered notice before admission on 27-11-2006. Both the Counsel made certain submissions and placed reliance on certain decisions.3. The following substantial questions of law were pointed out in this second appeal:1. Whether the Courts below are right in refusing to grant injunction in favour of plaintiff holding that she had not established her title over the suit schedule property?2. Whether the plaintiff is entitled for perpetual injunction in the absence of a valid and legal title to protect her possession?3. Whether the plaintiff and her husband are protected under Section 53A of the Transfer of Property Act?4. The unsuccessful plaintiff in both the Courts below is the appellant in the present second appeal. For the purpose of convenience the parties hereinafter would be referred to as 'plaintiff' and 'de...
Vollala Narsaiah Vs. Ojjela Veeraiah
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: 2007(3)ALD560
V. Eswaraiah, J.1. Appellant is the defendant; and the respondent is the plaintiff in O.S. No. 26 of 1994 on the file of the Subordinate Judge, Pedapalli, filed for recovery of a sum of Rs. 1,17,400/- basing on the mortgage deed, dated 6-12-1990, executed by the defendant along with future interest @ 18% per annum over the principal amount of Rs. 70,000/- from the date of the suit till the date of realization, and the same was decreed for a sum of Rs. 1,17,400/- with costs and future interest @ 6% on the principal amount of Rs. 70,000/-from the date of the suit till the date of realization. Aggrieved thereby the defendant filed the present appeal suit.2. Parties are here in after referred to as they are arrayed in the trial Court.3. It is the case of the plaintiff that the defendant borrowed a sum of Rs. 60,000/-by executing Ex. Al- mortgage deed, dated 6-12-1990, before the Sub-Registrar, Pepapalli, which was registered as document No. 1319 of 1990 by mortgaging the house of the defen...
Torrent Power Ltd. Vs. Sanghi Spinners (i) Ltd.
Court: Andhra Pradesh
Decided on: Dec-13-2006
Reported in: [2008]143CompCas64(AP)
Bilal Nazki, J.1. Heard learned Counsel for the parties.2. The company petition filed by the appellant in Company Petition No. 120 of 2000 (Ahmedabad Electricity Co. Ltd. v. Sanghi Spinners (India) Ltd. [2007] 140 Comp Cas 161 (AP)), seeking winding up of the respondent-company was dismissed by the learned company judge. Aggrieved by the same, the present appeal has been preferred. The main ground on which the company petition has been dismissed by the learned company judge is that the appellant was not an authorised person to represent the company and that he had also not filed any material to substantiate that he was authorised by the company to file the company petition and give evidence in the matter.3. The order of the learned company judge is assailed in this appeal mainly on the ground that the respondent in the company petition had not raised a plea that the appellant was not an authorised person to file the company petition, as such he could not produce the relevant material. ...
Nerella Dhanunjaya Vs. the Commissioner, Municipal Corporation of Wara ...
Court: Andhra Pradesh
Decided on: Dec-12-2006
Reported in: 2007(3)ALD116
ORDERV.V.S. Rao, J.1. A short question as to the liability of a Municipal body to compensate the owner of a house, which is demolished by such Municipality without notice, would arise in this writ petition. The background of the case, in brief, is as under.2. The petitioner is owner of an old house bearing No. 13-1-156 (old No. 13/134) situated at SVN Road, Warangal, within the jurisdiction of the Municipal Corporation of Warangal (the Corporation, for brevity). On 14.03.1995 at 10.30 a.m., several employees of respondents 1 and 2 including Building Inspector, Sri Anwar Ali came to petitioner's house with Bulldozer and started demolishing the same. The petitioner and his son unsuccessfully tried to stop them. The petitioner and his son were allegedly detained by the Police Officer of P.S.Matwada. They were released at 10.00 p.m., on the same day. When they came home, petitioner found his house demolished to the extent of 5 to 8 feet in its entire width of 40 feet. The petitioner also a...
Kondapaka Lakshmi Narasimha Charyulu Vs. J. Sudhakar and ors.
Court: Andhra Pradesh
Decided on: Dec-12-2006
Reported in: 2007(2)ALD569; 2007(3)ALT556
ORDERV.V.S. Rao, J.1. The petitioner is priest (Archaka) of Sri Lakshmi Narasimha Swamy Temple, Devunipally village of Peddapally Mandal in Karimnagar District (the temple, for brevity). He filed the instant writ petition impeaching the letter/order, dated 13/14.10.2006 passed by the first respondent. By impugned order, while initiating disciplinary enquiry into the alleged misconduct of the petitioner, first respondent placed him under suspension. The same is assailed mainly on the ground that the same is without jurisdiction. The petitioner's father was Archaka of the temple by reason of appointment order, dated 13.02.1986, issued by the third respondent (Deputy Commissioner). After death of the father, the petitioner was allegedly appointed by the second respondent (Assistant Commissioner) vide proceedings, dated 16.07.1993. The first respondent was appointed as Manager of the temple. He issued notice, dated 30.06.2006 proposing to conduct auction of the land in survey Nos. 283 and ...
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