Andhra Pradesh Court September 2006 Judgments
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A. Bal Reddy Vs. M.S. Prasad and ors.
Court: Andhra Pradesh
Decided on: Sep-05-2006
Reported in: 2007ACJ2858; 2006(6)ALT731
C.V. Ramulu, J.1. This Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 is filed being aggrieved by an Award and Decree dated 20-9-1999 in O.P. No. 647 of 1996 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Rangareddy District at Saroornagar, Hyderabad.2. The appellant is the claimant. According to him, he was working as a Warden in a private school and getting Rs. 1,000/- per month. While so, on 11-4-1995 at about 10.00 a.m., when he was riding the Scooter bearing No. AP9E 4639 towards Hayathnagar, a lorry bearing No. AHH 900 came to the main road from a by-lane, in a rash and negligent manner, and dashed against his scooter; as a result, he fell down from the scooter and received bleeding injuries on his head and left leg. He was shifted to Osmania General Hospital and from there to Apollo Hospital on 13-4-1995. He was in intensive care unit for some time and was discharged from Apollo hospital on 4-5-1995. He underwent Su...
Gubbala Rama Rao Vs. Kopanathi Suryanarayana
Court: Andhra Pradesh
Decided on: Sep-05-2006
Reported in: 2007(2)ALD363; 2007(4)ALT151; IV(2007)BC352
ORDERB. Seshasayana Reddy, J.1. This civil revision petition is directed against the order dated 21-9-2004 passed in E.P. No. 19 of 2004 in O.S. No. 130 of 2000 on the file of the Principal Junior 3ivil Judge, Narsapur, whereby and thereunder the learned Principal Junior Civil Fudge dismissed the execution petition filed by the Decree-holder seeking arrest and detention of judgment-debtor in civil prison for realization of the decretal debt.2. The petitioner is the Decree-holder and the respondent is judgment-debtor in O.S. No. 130 of 2000.3. The petitioner laid execution petition for realization of the decretal amount and sought for arrest and detention of the respondent-judgment debtor. It is the case of the decree-holder that the respondent/ judgment-debtor owns Ac. 1-72 cents and derives considerable amount therefrom and thus the respondent-judgment-debtor having sufficient means neglected to discharge the decretal debt and therefore, he is liable to be detained in civil prison.4. ...
Appasani Veera Venkata Satyanarayana and anr. Vs. Chekka Veera Raja Ra ...
Court: Andhra Pradesh
Decided on: Sep-05-2006
Reported in: 2007(2)ALD396
P.S. Narayana, J.1. Heard Sri M.S. Ramachandra Rao, learned Counsel representing the appellants and Sri K. Subrahmanyam, learned Counsel representing the 1st respondent-plaintiff.2. Sri M.S. Ramachandra Rao, learned Counsel representing the appellants-Defendants 1 and 2 had taken this Court through the findings recorded by the learned Subordinate Judge, Kakinada, in O.S. No. 35 of 1980 in the judgment dated 13-3-1987 and also the findings recorded by the learned HI Additional District Judge, Kakinada, in AS No. 31 of 1987, dated 5-6-1993, and would comment that both the Courts had not properly appreciated the evidence available on record especially in the light of the proof of entries in the account books in view of Section 34 of the Indian Evidence Act, 1872. The learned Counsel also placed strong reliance on the decision of the Apex Court in Chandradhar v. Gauhati Bank : [1967]1SCR898a . The learned Counsel would contend that as far as the claim of relief of interest is concerned, in...
M. Narsinga Rao (Died) by Lr and anr. Vs. Mukundlal Misra
Court: Andhra Pradesh
Decided on: Sep-04-2006
Reported in: 2006(5)ALD594; 2006(5)ALT680
ORDERG. Chandraiah, J.1. Heard both the Counsel.2. S.A.M.P. No. 2191 of 2005 is filed under Order 22 Rule 3 read with Section 151 of Code of Civil Procedure (for short 'the Code') to permit the petitioner to come on record as the legal representative of the deceased appellant. S.A.M.P. No. 2192 of 2005 is filed under Order 22 Rule 9 read with Section 151 of the Code to set aside the abatement order dated 13-4-2004 and restore the second appeal to file.3. The learned Counsel for the petitioner submitted that the deceased appellant is a bachelor and the petitioner is his adopted son under a registered adoption deed and as he was pursuing the education at different places in the State and subsequently engaged in a job at United States of America for sometime and thereafter came to India, he was not aware of the pendency of the suit or the appeal and after the death of the appellant on 26-2-1999 who is his father, he wanted to develop his properties at Karimnagar and therefore searched for...
Gajula Ratnaji Vs. Boppana Veera Prabhavathi and anr.
Court: Andhra Pradesh
Decided on: Sep-04-2006
Reported in: 2006(6)ALD789; 2007(1)ALT312
V. Eswaraiah, J.1. The appellant, Boppana Veera Prabhavathi, in A.S. Nos. 2847 and 2848 of 1999 and Tr.A.S. No. 3705 of 2000, filed suits O.S. Nos. 33 and 34 of 1989 on the file of the Subordinate Judge, Kowur, OS No. 33 of 1989 was filed for declaration of title in respect of the schedule property covered by ExA.3, which is 'C' schedule property of the plaint in OS No. 34 of 1989 and OS No. 34 of 1989 was filed for partition and separate possession of 3/4th share in plaint A, B and C schedule properties. The first defendant, Smt. M. Sattemma, in both the suits filed OS No. 43 of 1994 against the defendant/appellant herein for permanent injunction restraining her from interfering with her possession to the plaint schedule property. The appellant in A.S. No. 967 of 1997 is the second defendant in OS No. 34 of 1989. Both the suits OS Nos. 33 and 34 of 1989 filed by the appellant herein were dismissed and the suits O.S. No. 43 of 1994 filed by the respondent/first defendant for permanent ...
The Transmission Corporation of Andhras Pradesh Limited (A.P. Transco. ...
Court: Andhra Pradesh
Decided on: Sep-04-2006
Reported in: 2007(2)ALD697; 2007(1)ALT515; 2007(1)ARBLR447(AP)
B. Prakash Rao, J.1. This appeal is at the instance of the unsuccessful petitioners in the Court below in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in brevity the Act) seeking to set aside the Award dated 23.12.2002 passed by the arbitrators, who are added as the respondents 2 to 4, allowing certain claims made at the instance of the respondent No. 1, as per the orders dated 30-10-2004 in O.P. No. 633 of 2003 on the file of the Chief Judge, City Civil Court, Hyderabad.2. Heard Sri D. Sudershan Reddy, learned Counsel appearing on behalf of the appellants and Sri C. Kodanda Ram, learned Counsel appearing on behalf of the contesting respondent No. 1. The respondents 2 and 3 are the two out of arbitral panel.3. The facts which are not in dispute are that the appellants herein, (conveniently called as petitioners herein) who are the successors to the former statutory Board, namely A.P. State Electricity Board, floated the Global Tenders on 28.04.19...
Golepu Chandramouli and ors. Vs. G. Sreesailam and anr.
Court: Andhra Pradesh
Decided on: Sep-04-2006
Reported in: 2007(2)ALD69
L. Narasimha Reddy, J.1. The unfortunate death of one Golepu Shiva Kumar and his minor son, by name Uma Shankar, gave raise to filing of several claim petitions by different parties, obviously, under the imperfect advice tendered by the legal practitioners concerned, and ultimately had resulted in denial of compensation.2. The relevant facts may briefly be stated as under:Appellants 1 and 2 are the parents, 3rd appellant is the wife and appellants 4 and 5 are the children of Golepu Shiva Kumar. While Shiva Kumar and his family members were travelling in an Ambassador Car bearing No. ADL 8510, owned by the first respondent and insured with the second respondent, on 6-7-1997, it met with an accident at the early hours. Shiva Kumar and his minor son-Uma Shankar died.3. The third appellant filed O.P. Nos. 719 and 720 of 1997 under Section 140 of the Motor Vehicles Act, 1988 (for short 'the Act') before the Motor Accident Claims Tribunal-cum-II Additional District Judge, Kadapa, for payment...
Jitender Chottai and anr. Vs. Municipal Corporation of Hyderabad and a ...
Court: Andhra Pradesh
Decided on: Sep-01-2006
Reported in: 2006(6)ALD41
ORDERP.S. Narayana, J.1. Heard both the learned Counsel.2. The matter is coming up for admission. Sri Ghanta Rama Rao takes notice on behalf of the respondents.3. The learned Counsel for the writ petitioners' states that in the light of the orders made by this Court in Writ Petition No. 14837 of 2006, dated 20.7.2006, and also in the light of the directions issued therein, this writ petition may also be disposed of.4. Sri Ghanta Rama Rao, learned Counsel representing the respondents also would submit that in the light of the observations made and directions issued in Paragraphs 6, 7 and 8 of the Writ Petition No. 14837 of 2006 the present writ petition can be disposed of.5. The writ petition is filed praying for a writ of mandamus declaring the action of the respondents in refusing to receive and process the application of the petitioners for building permission for construction of building in premises No. 3-5-265, Vittal Wadi, Narayanaguda, Hyderabad, as it is not accompanied with No ...
Vanteddu Venkateswara Rao and ors. Vs. Godavarthi Subhadramma and ors.
Court: Andhra Pradesh
Decided on: Sep-01-2006
Reported in: 2006(6)ALD209; 2009(6)ALT122
L. Narasimha Reddy, J.1. Defendants in O.S. No. 46 of 1994, on the file of the Senior Civil Judge, Tadepalligudem, are the appellants.2. The 1st respondent filed the suit, pleading that her husband, late Suryanarayana, purchased the suit schedule premises, through sale deed dated 15-3-1948, and thereafter, executed a settlement deed dated 19-8-1966, marked as Ex.A-1, creating life interest in her, and thereafter, in favour of her son, by name Gopalam, and the vested remainder, in favour of male children of said Gopalam. According to her, the premises were leased to the father of the appellants, by name Someswara Rao in the year 1963, and after execution of Ex.A-2, the tenancy stood attorned to her. Someswara Rao is said to have executed a lease deed for a period of 11 months, in favour of the 1st respondent, on 5-1-1968, marked as Ex.A-3. Reference was made to the fact that late Suryanarayana borrowed certain amounts from Someswara Rao and repaid the same. It was alleged that Someswara...
Basappa Vs. Nagojappa
Court: Andhra Pradesh
Decided on: Sep-01-2006
Reported in: 2006(6)ALD229
V.V.S. Rao, J. 1. This second appeal is filed against the reversing judgment, dated 26-10-1994, in A.S. No. 25 of 1991 passed by the Court of the Additional District Judge, Hindupur, setting aside the judgment of the trial Court, dated 8-7-1991 in O.S. No. 45 of 1986 on the file of the Court of the District Munsif, Madakasira, and decreeing the suit in favour of the plaintiff. The plaintiff/respondent is one Nagojappa and the defendant/appellant is Basappa. They are referred to as such in this second appeal.2. The property involved in the present suit is l/6th share in dry land admeasuring Acs. 10.92 cents in Survey No. 292, stone rivetted well, an irrigation channel and fruit bearing and other trees in the land. The property is situated at Tamadehalli Village of Madakasira Mandal in Anantapur District. This property had been contentious issue between Basappa and Nagojappa. It originally belonged to one Thimmappa. Basappa allegedly purchased the property under registered sale deed, dat...
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