Andhra Pradesh Court August 2007 Judgments
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Mettu Khasim Reddy Vs. Mettu Jagannadha Reddy and ors.
Court: Andhra Pradesh
Decided on: Aug-24-2007
Reported in: 2007(6)ALD734
ORDERC.Y. Somayajulu, J.1. This petition is filed to initiate prosecution against the revision petitioners in CRP No.6515 of 2006 for making false statement and giving false information on oath to Court.2. The averments, in brief, in the affidavit filed in support of the application are (a) the petitioner and his mother, Mettu Anjamma, filed the suit against the revision petitioners i.e., respondents 1 and 2 and five others for partition of the plaint schedule property and sought an injunction in respect of the plaint schedule property, which was granted by the trial Court. On 22-12-2006, the respondents 1 and 2, by moving a lunch motion, filed CRP No.6515 of 2006 in this Court alleging that they are aggrieved by the inaction on the part of the trial Court in delaying the disposal of IA No. 1382 of 2006 filed by them seeking an injunction against him. In the said CRP, they filed CMP No.8922 of 2006 seeking an injunction against him and the other defendants alleging that though they fil...
Dr. Mohammed Tatar Khan Vs. Andhra Pradesh Women's Commission rep. by ...
Court: Andhra Pradesh
Decided on: Aug-24-2007
Reported in: 2008(3)ALD595; 2008(3)ALT209
ORDERN.V. Ramana, J.1. The petitioner states that he married the 2nd respondent about 25 years ago and divorced her by pronouncing talaq on 18.12.2002, and to that effect, he executed a declaration before the Qazath Shariat Panah Balda, Shalibanda, and deposited Rs. 11,000/- towards dower and Rs. 3,000/- towards Iddat. Pursuant thereto, he states that he got issued a legal notice dated 22.12.2002 to respondent No. 2 informing the fact of his pronouncing divorce, and that since then, they are living separately. While so, the petitioner states that he received summons from the 1st respondent, namely A.P. Women's Commission, Secunderabad (hereinafter referred to as 'the Commission'), directing his appearance before it on 09.03.2007 in connection with Petition No. 1136 of 2006, filed by the respondent. Accordingly, the petitioner appeared before the Commission, and it is his case that though he requested the 1st respondent-Commission to furnish the copy of the petition, filed by the 2nd re...
Pothala Saidamma Vs. Government of A.P. and anr.
Court: Andhra Pradesh
Decided on: Aug-23-2007
Reported in: 2007(6)ALD160
ORDERL. Narasimha Reddy, J.1. The husband of the petitioner served the Indian Navy. The Government assigned an extent of Ac.5.00 of land in Sy. No. 137 of Sangivalasa Village, Bheemunipatnam Mandal, Visakhapatnam District, to him, vide proceedings dated 28.5.1981.2. The husband of the petitioner died on 7.5.2002. The petitioner intended to sell the land for her family necessities. The 1st respondent issued G.O. Ms. No. 1021, Revenue (Registration-I) dated 1.10.2003 under Section 22A of the Registration Act (for short 'the Act'), as it then stood, prohibiting registration of any documents in relation to the land in entire Sy. No. 137 of the said village. In view of this notification, the 2nd respondent expressed his inability to entertain any documents in relation to the land assigned to the husband of the petitioner. The G.O. Ms. No. 1021 dated 1.10.2003, insofar as it relates to the land of the petitioner, is challenged in this writ petition.3. On behalf of the respondents, a counter-...
K. Shravan Kumar and ors. Vs. Rajendra Nagar Municipality, Commissione ...
Court: Andhra Pradesh
Decided on: Aug-23-2007
Reported in: 2007(6)ALD222
ORDERL. Narasimha Reddy, J.1. The common question that arises for consideration in these two writ petitions is, as to whether the Rajendranagar Municipality is entitled to, and under obligation to grant lease of fishing rights, in respect of a water body, known as 'Palle Cheruvu' of Laxmiguda Village, Rajendranagar Mandal. W.P. No. 8516 of 2006 is filed by 9 pattedars of land, which constituted the Water Body, claiming the relief that the Municipality is not entitled to grant lease, alleging that the tank is in their patta lands, and that the Municipality does not have any right to grant lease of fishing rights to any one, including the local Fishermen Co-operative Society.2. W.P. No. 18141 of 2006 is filed by the Fishermen Co-operative Society, Kandikal Village of Bandlaguda Mandal, Hyderabad District, with a prayer to direct the Rajendranagar Municipality and the Assistant Commissioner of Fisheries, to grant lease of fishing rights in the said tank.3. The petitioners in W.P. No. 8516...
S. Sekhar Babu Vs. Y. Ramakrishna Reddy and anr.
Court: Andhra Pradesh
Decided on: Aug-23-2007
Reported in: 2007(6)ALD819; 2008(1)ALT475
ORDERC.Y. Somayajulu, J.1. First respondent filed the suit against the revision petitioner and the second respondent on the basis of a promissory note. Both revision petitioner and second respondent filed their written statements. Subsequently, the suit was decreed ex parte. So revision petitioner filed a petition under Order 9 Rule 13 C.P.C. with a petition to condone the delay of 96 days. By the order under revision, the trial Court, relying on M. Narasimha Reddy v. Begari Samuel : 2002(6)ALD473 , observed that it is not necessary for the revision petitioner to file two separate applications, one under Section 5 of the Limitation Act and the other under Order 9 Rule 13 CPC because both the reliefs can be prayed for in the same petition and allowed the petition under Order 9 Rule 13 CPC on some conditions. Alleging that the conditions imposed by the trial Court are onerous, the revision petitioner preferred this revision.2. The order under revision is unsustainable. The assumption on ...
Hari Vasudeva Sarma Vs. Hari Naga Sri Venkata Krishna Murthy and ors.
Court: Andhra Pradesh
Decided on: Aug-23-2007
Reported in: 2008(1)ALD452
P.S. Narayana, J.1. This civil miscellaneous appeal is filed by the appellant/1st respondent/ 1st defendant in I.A. No. 276/2007 in O.S. No. 206/2007 on the file of Principal Senior Civil Judge, Vijayawada. Respondents 1 and 2 are the plaintiffs/petitioners in the said LA. No. 276/2007 in O.S. No. 206/2007 and these minors, represented by their guardian and next friend, the grand father, instituted the said suit for partition and separate possession of their 2/3rd share in the plaint schedule property, for recovery of mesne profits and other appropriate reliefs. The 3rd respondent in the civil miscellaneous appeal is the 2nd respondent/2nd defendant in I.A. No. 276/2007 in O.S. No. 206/2007 aforesaid.2. The learned Principal Senior Civil Judge, Vijayawada, after framing the Points for consideration at Para-5 discussed the documentary evidence Exs.A-1 to A-6 and Ex.B-1, recorded certain reasons at Para-7 and ultimately allowed the application granting temporary injunction in favour of t...
Kolluru Brahmanandam Vs. Pata Penchala Ravi Kumar and ors.
Court: Andhra Pradesh
Decided on: Aug-23-2007
Reported in: 2008(2)ALD806; 2008(1)ALT427
P.S. Narayana, J.1. The matter is coming under interlocutory but both the counsel made submissions in elaboration and further made a request to dispose of the civil miscellaneous appeal itself. Hence, the civil miscellaneous appeal itself is being disposed of finally by this court.2. In CMAMP. No. 547 of 2007 interim suspension was granted for a period of two months and subsequent thereto the said interim suspension was further extended for two more weeks and subsequent thereto on 8-2-2007 the said interim suspension already granted had been extended until further orders.3. The Civil Miscellaneous Appeal is filed as against an order of remand made by the learned Principal District Judge, Nellore, in A.S. No. 100 of 2006. The operative portion of the order made in A.S. No. 100 of 2006 aforesaid reads as hereunder:In the result, the appeal is allowed setting aside the judgment and decree of the lower court and the matter is remanded to the lower court for disposal afresh. Both the partie...
The Manager, the United India Insurance Co. Ltd. Vs. Abbisetti Venkata ...
Court: Andhra Pradesh
Decided on: Aug-22-2007
Reported in: 2008ACJ1845; AIR2008AP8; 2008(1)ALD84; 2008(1)ALT471
G. Yethirajulu, J.1. This Civil Miscellaneous Appeal has been preferred by the Insurance Company against the order of the Motor Accident Claims Tribunal, West Godavari at Eluru in O.P.No.150 of 1997. The respondents-claimants filed an application under Section 166 of the Motor Vehicle Act, 1899 claiming compensation of Rs. 1,00,000/- due to the death of a lady by name Abbisetti Varalakshmi, a student aged about 19 years. The Tribunal awarded compensation of Rs. 1,00,000/- as prayed for, making the owner of the vehicle and the insurance company liable to pay the compensation amount. 2. Being aggrieved by the same, the Insurance Company preferred the present appeal contending that there was no insurance coverage to the accident vehicle as on the date of accident. The Insurance Company further contended that long prior to the accident, the owner of the vehicle issued a cheque towards premium for the policy and the cheque was bounced and the amount was not paid towards premium at any time ...
V.V. Sastry S/O. Late Sri V.K. Murthy Vs. A.P. Vikalangula Coop. Corpo ...
Court: Andhra Pradesh
Decided on: Aug-22-2007
Reported in: 2007(6)ALD676
ORDERC.V. Nagarjuna Reddy, J.1. The action of respondent No. 1 in not allowing the petitioner to join in its organization on his purported completion of deputation to respondent No. 1 is assailed in this writ petition.2. The petitioner who approached the Managing Director of the day of respondent No. 1 with a bio-data for providing employment appeared to have been treated to a red-carpet welcome by the latter resulting in his issuing proceedings dated 4.4.1991 whereby the petitioner was temporarily appointed as Junior Assistant on a consolidated pay of Rs. 900/- per month. The order of appointment is hedged by two conditions which are mentioned hereunder:1. This appointment is on adhoc basis and is purely temporary and liable for termination at any time without any notice and without assigning any reasons whatsoever.2. This appointment does not confer any rights on the individual for his absorption or regularization of service in the Corporation.3. The petitioner is evidently posted in...
K.N. Kumar Vs. District Registrar of Assurances and ors.
Court: Andhra Pradesh
Decided on: Aug-22-2007
Reported in: AIR2008AP93; 2007(6)ALD491
L. Narasimha Reddy, J.1. Petitioner challenges the action of the 1st respondent in not entertaining a petition filed under Section 23-A of the Registration Act, 1908 (for short 'the Act'). The facts, that led to the filing of the writ petition; are as under:2. The 2nd respondent by name, S. Ramachandra Reddy, was the owner of plot No. 84-C in Sy. No. 102/1 of Venkateswara Colony, Road No. 12, Banjara Hills, Hyderabad. Petitioner claims to have entered into an agreement of sale with the 2nd respondent, on 1.7.1991, to purchase the plot for a consideration of Rs. 1,05,000/-. It is stated that a sum of Rs. 5,000/- is paid, as an advance.3. The 3rd respondent is the wife of the petitioner. It is asserted that, on account of his being employed in the Indian Administrative Service in Meghalaya State, he handed over the balance of consideration of Rs. 1,00,000/- to his wife, the 3rd respondent, to be passed on to the 2nd respondent, so as to enable the latter, to execute the sale deed. On 12....
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