Andhra Pradesh Court September 2006 Judgments
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Molleti Appalanaidu and ors. Vs. Mookala Yerrunaidu and ors.
Court: Andhra Pradesh
Decided on: Sep-12-2006
Reported in: 2007(1)ALD771
L. Narasimha Reddy, J.1. The plaintiff in O.S. No. 177 of 1983 on the file of the learned District Munsif, Srungavarapukota, filed this second appeal, aggrieved by the judgment and decree passed by the Court of Additional District Judge, Vizianagaram in A.S. No. 4 of 1992.2. For the sake of convenience, the parties herein are referred to as arrayed in the suit.3. The plaintiff filed the suit against the defendants, for the relief of perpetual injunction, in respect of Ac.0.47 cents of land in Survey Nos. 50/4 and 50/6 of Kallam Village. He pleaded that his father, by name Appalanaidu, had two wives by name Adamma, his mother, and Venkayamma. In a family settlement brought about in the year 1950, the properties held by Appalanaidu said to have been settled in equal shares among Appalanaidu and his two wives.4. The plaintiff and one Mr. Satyam are the sons of Adamma, whereas Narasingarao and Eswararao are the sons of Venkayamma. The plaintiff stated that in a partition between himself an...
Ananta Gas Suppliers and ors. Vs. Union Bank of India
Court: Andhra Pradesh
Decided on: Sep-12-2006
Reported in: 2007(2)ALD483; 2007(3)ALT327
C.Y. Somayajulu, J.1. Respondent filed the suit against the revision petitioners for recovery of money in which they filed their written statement on 1-7-1997 contesting the claim. After trial of the suit was taken up, revision petitioner filed a petition seeking permission of the Court to file additional written statement making a counter-claim, which was allowed by the trial Court by its order dated 13-11-2003. Questioning the said order respondent preferred CRP No. 6251 of 2003 to this Court. By the order dated 10-12-2004, a learned Single Judge of this Court, while setting aside the order of the trial Court, remitted the case to the trial Court for fresh disposal on the question of limitation and pecuniary jurisdiction for considering the maintainability of the counter-claim. After remand the trial Court dismissed the petition by the order under revision on the ground of limitation, without going into the question of pecuniary jurisdiction. Hence, this revision.2. The main contenti...
Y. Ramamani Vs. M. Bikshapathi
Court: Andhra Pradesh
Decided on: Sep-12-2006
Reported in: 2007(4)ALD67
L. Narsimha Reddy, J.1. These three second appeals are between the same parties and in respect of the same subject-matter. Hence, they are disposed of through a common judgment. For the sake of convenience, the parties are referred to, as arrayed in Second Appeal No. 248 of 1994.2. Smt. Pullamma, the mother of the respondent was the absolute owner of house bearing No. 1-7-578/4, admeasuring about 246 sq. yards situated at Ramnagar, Hyderabad. That was purchased by the appellant for consideration of Rs. 5,000/- through a sale deed dated 14-6-1974. On the same day, the appellant executed an agreement, to reconvey the suit schedule property, on condition that the sale consideration is repaid within three years. A rental deed was executed by the appellant in favour of the husband of Pullamma, by name Chittari, and their son, the respondent, stipulating the rent of Rs. 113/- per month. Pullamma and Chittari died. The respondent is their sole legal representative.3. The appellant filed O.S. ...
Divisional Railway Manager, South Eastern Railway Vs. Kolli Narayanamm ...
Court: Andhra Pradesh
Decided on: Sep-12-2006
Reported in: 2007(4)ALD747; [2007(115)FLR298]
L. Narasimha Reddy, J.1. This CMA is filed under Section 30 of the Workmen's Compensation Act (for short 'the Act') against the order dated 14-10-2003 passed by the Commissioner for Workmen's Compensation and Assistant Commissioner of Labour, Circle-I, Visakhapatnam (for short 'the Commissioner'), in W.C.M.P. No. 1 of 2003 in W.C. Case No. 29 of 2001.2. One Sri Kolli Appa Rao, the husband of the 1st respondent and father of respondents 2 and 3, was employed as Senior Gangman in the South Eastern Railways. He died on 25-3-2000, while in employment. The respondents filed W.C. No. 29 of 2001 before the Commissioner, claiming compensation under the Act. The case was dismissed on 30-10-2001, for default. The respondents filed an application for setting aside the order, dismissing the W.C. case for default. Since there was delay of 411 days in presenting the application, they filed W.C.M.P. No. 1 of 2003 for condonation of the same. It was pleaded that the 1st respondent was suffering from h...
Mahindra and Mahindra Financial Services Ltd. and anr. Vs. Talamadla D ...
Court: Andhra Pradesh
Decided on: Sep-11-2006
Reported in: 2006(5)ALD821; 2006(5)ALT645
ORDERGopala Krishna Tamada, J.1. This revision is directed against the order dated 26-7-2006 passed in IA. No. 541 of 2006 in O.S. No. 128 of 2006 by the Senior Civil Judge, Nizamabad, whereby the learned Senior Civil Judge while ordering notice to the petitioner herein (first defendant) to show-cause as to why the property mentioned in the petition schedule shall not be attached and further directed the Bailiff of the Court to attach the property and keep the same under his safe custody.2. The facts are that the respondent herein instituted O.S. No. 128 of 2006 against the petitioners herein for recovery of an amount of Rs. 4,27,500/-. However, apprehending that the petitioner-first defendant may close his business and leave Nizamabad, the respondent herein filed LA. No. 541 of 2006 under Order XXXVIII, Rule 5 of the Code of Civil Procedure, 1908 seeking attachment before judgment of the petition schedule property belonging to the petitioner-first defendant and the Court below passed ...
Kanneboina Nageshwar Rao Vs. Potla Sooramma and ors.
Court: Andhra Pradesh
Decided on: Sep-11-2006
Reported in: 2006(6)ALD738; 2007(1)ALT31
ORDERL. Narasimha Reddy, J.1. First respondent filed O.S. No. 106 of 2000 in the Court of the Junior Civil Judge, Kodad, against the petitioner and respondents 2 and 3 for the relief of perpetual injunction in respect of the suit schedule property. The suit was decreed on 28-9-2005. Aggrieved thereby, the petitioner and respondents 2 and 3 have filed A.S. No. 53 of 2005 in the Court of II Additional District Judge, Nalgonda at Suryapet.2. First respondent filed E.P. No. 148 of 2005 alleging that the petitioner and respondents 2 and 3 are violating the decree of perpetual injunction. She also filed LA. No. 35 of 2006 under Section 151 C.P.C. with a prayer to grant police aid. She pleaded that the petitioner and respondents 2 and 3 are preventing her from enjoying the property and are obstructing her from irrigating the suit land. The trial Court allowed the I.A. by order dated 14-2-2006. Aggrieved by the same, the petitioner filed the present revision petition.3. Sri Venugopala Rao Pasn...
Oriental Insurance Company Ltd. Vs. Syed Yusuf and ors.
Court: Andhra Pradesh
Decided on: Sep-11-2006
Reported in: 2007ACJ1851; 2007(3)ALD266; 2007(2)ALT734
ORDERL. Narasimha Reddy, J.1. The appellant is the insurer of vehicle bearing No. AEK-2989, a passenger bus, owned by the 3rd respondent. The 1st respondent filed M.A.T.O.P. No. 755 of 1994, before the Motor Accidents Claims Tribunal-cum-Additional District Judge, Khammam, stating that, on 5-2-1993, he undertook repairs to the said bus, and after effecting repairs, he boarded in that, to come back to Yellandu. It was pleaded that the 2nd respondent herein was driving the bus, and when it reached the outskirts of Kamballapalli Village, it turned turtle, on account of rash and negligent driving on the part of the 2nd respondent. A sum of Rs. 80,000/-, was claimed, as compensation for the injuries said to have been received by him.2. The owner and driver of the bus remained ex parte. The O.P., was contested by the appellant alone. According to it, the 1st respondent was not a passenger, but was, himself, driving the vehicle. It was alleged that since the accident occurred on account of th...
M. Padmavathi Vs. Hyderabad Urban Development Authority
Court: Andhra Pradesh
Decided on: Sep-08-2006
Reported in: 2006(5)ALD741; 2006(5)ALT722
G.S. Singhvi, C.J.1. The petitioner, who along with four others gave highest bid of Rs. 20,80,800/- for a plot measuring 4080 square metres auctioned by Hyderabad Urban Development Authority (for short 'HUDA') in 1996, but did not deposit the instalments of price in accordance with the conditions of allotment necessitating cancellation of her bid by the competent authority on 24-2-1999, has filed this petition for quashing the fresh auction proposed to be held by HUDA. She has further prayed for issue of a mandamus to HUDA to execute and register the sale deed in her favour by accepting the balance amount.2. The petitioner participated in the auction conducted by HUDA on 5th and 6th of August, 1996 for sale of plots in HUDA Trade Centres at Ramachandrapuram and Saroornagar. She along with Sarvasri L. Srinivas, M.V.S. Sridhar, L, Chandrasekhar and Dr. Jaganmohan Rao gave bid of Rs. 20,80,800/-for Plot No. A measuring 4080 square metres meant for cinema theatre. Their bid was accepted by...
Sai Engineering Contractors, Rep. by M. Venugopal Reddy Vs. General Ma ...
Court: Andhra Pradesh
Decided on: Sep-08-2006
Reported in: 2006(6)ALD7; 2006(5)ALT710
ORDERS. Ananda Reddy, J.1. This application is filed under Section 11(6) and (8) of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), seeking appointment of an Arbitrator for adjudication of the disputes between the applicant and the respondents.2. It is stated that the applicant was awarded the work of replacement of bridge timbers with new steel channel sleepers of various bridges referred to in the tender notice as well as in the agreement, the total value of which was Rs. 37,05,240/- and the work was to be executed within a period of six months from the date of acceptance letter. The acceptance letter is dated 13-05-1998. The work is to be completed by 12-11-1998. It is stated that subsequently a regular agreement was also executed between the parties on 31 -12-1998. As per the terms of the agreement, the petitioner undertook to execute the work and in the process, started manufacturing the sleepers and according to the applicant, by July, 1998 the applicant has com...
Adapa Tatarao Vs. Chamantula Mahalakshmi
Court: Andhra Pradesh
Decided on: Sep-08-2006
Reported in: AIR2007AP44; 2006(6)ALD745
ORDERL. Narasimha Reddy, J.1. This CRP under Section 115 of CPC is filed against the judgment and decree dated 24-11-2003, passed by the Court of I Additional Junior Civil Judge, Kakinada in O.S. No. 874 of 1999.2. The respondent filed the suit for the relief of recovery of possession of Item-I of the plaint schedule, comprising of 50 cents, and for the relief of perpetual injunction, as regards Item-II, admeasuring 30 cents. Both the bits are in Sy. No. 32/2E of Karakuduru Village, of East-Godavari District. It was pleaded that she purchased the land through a sale deed dated 7-6-1973 in the name of her husband, and that ever since then, she has been in possession and enjoyment of the same. Certain disputes were said to be pending between herself and Pedapudi Co-operative Society as regards the plaint schedule property. It was alleged that the petitioner herein had trespassed into Item-I of the plaint schedule on 18-7-1999, and had threatened to occupy Item-II thereof. Therefore, she ...
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