Andhra Pradesh Court November 2008 Judgments

Pilli Venkanna Vs. Pilli Nookalamma

Court: Andhra Pradesh

Reported in: AIR2009AP69

V. Eswaraiah, J.1. This Civil Miscellaneous Appeal is filed by the appellant herein, who is the husband of the respondent against the order of the Judge, Family Court, Visakhapatnam, dated 27-02-2002 in O.P. No. 522 of 1999. The said O.P., was filed by the respondent herein under Section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights. The said O.P., was allowed directing the respondent herein to issue notice to the appellant to take her to his conjugal fold and lead marital life, within six months from the date of the order and on receipt of such notice, the appellant shall take the respondent to his matrimonial house and lead happy marital life with the respondent and also pay costs of Rs. 500/-. Aggrieved by the same, this appeal has been filed under Section 28 of the Hindu Marriage Act. The parties are hereinafter referred to as they are arrayed in the Original Petition.2. It is the case of the petitioner that she is the legally wedded wife of the respondent an...

Attrirala Chinnamma and anr. Vs. Gummadi Ravindraiah

Court: Andhra Pradesh

Reported in: 2009(2)ALT143

ORDERG. Yethirajulu, J.1. Civil Revision Petition No. 3210 of 2008 is filed by the petitioner in I.A. No. 737 of 2007 who was the defendant in O.S. No. 17 of 2004 on the file of the Court of the Principal District Judge, Nellore. The suit was filed by the respondent herein, for specific performance of an unregistered agreement of sale. During the pendency of the suit, I.A. No. 737 of 2007 was filed by the petitioner herein, requesting the Court to frame preliminary issue regarding the maintainability of the suit on the basis of an unregistered agreement of sale, in view of Section 17(1) of the Registration Act.2. Civil Revision Petition No. 3211 of 2008 is filed by the petitioner in I.A. No. 81 of 2008 who was the defendant in O.S. No. 61 of 2006 on the file of the Principal District Judge, Nellore being aggrieved by the order of the lower Court in not framing the preliminary issue regarding the maintainability of the suit in view of Section 17(1) of the Registration Act. The suit was ...

M. Nandini Vs. Srimitra Real Estate Private Limited

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: 1. Aggrieved by the order in C.C. No. 104/2007 on the file of District Forum, Ranga Reddy District, the complainant preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant M. Srinivasa Raju booked a plot in the name of his daughter, N. Nandini in M/s. Sreemitra Private Limited i.e. opposite party on 25.8.2002 and paid Rs. 49,625 towards plot cost and stopped payments as the opposite party failed to show his plot in spite of several requests. The complainant requested to show/allot the plot through letter dt.27-8-2003 and thereafter through registered letters dated 12.8.2003, 21.8.2003 and 26.12.2003 but the opposite party did not respond. On 18.7.2004 the complainant sent another letter requesting for refund of the amount as the scheme period was completed but the opposite party did not respond and therefore the complainant approached Civil Supplies Authorities and lodged a complaint. Hence the complaint for a direction t...

Sri Amarawadi Venkata Narsaiah Trust, Rep. by Its Chairman, Dr. T.V. N ...

Court: Andhra Pradesh

Reported in: 2009(3)ALT70

ORDERP.V. Sanjay Kumar, J.1. The grievance of Sri Amarawadi Venkata Narsaiah Trust, the petitioner herein, is with regard to the manner in which the properties endowed by Late Sri Amarawadi Venkata Narsaiah for a charitable educational purpose are being used by the State.2. The original prayer put-forth by the Trust in the present writ petition was for a declaration simpliciter. However, the petitioner-Trust sought amendment of its prayer which was permitted by this Court on 10.11.2008. Consequently, the prayer in the writ petition presently reads as follows:For the reasons stated in the accompanying affidavit, it is prayed that this Honourable Court may be pleased to issue a writ or order or direction, more particularly one in the nature of a Writ of Mandamus directing the respondents 1 to 6 to handover the land which belongs to the Trust of the petitioner and forbearing the respondents 4 to 7 from making any constructions in the lands belonging to the petitioner-Trust in Sy. No. 776 ...

Veeramachaneni Ramchander Rao and anr. Vs. Tahsildar and anr.

Court: Andhra Pradesh

Reported in: 2009(3)ALT92

ORDERV.V.S. Rao, J.1. The two petitioners purchased land admeasuring Acs.8.04 guntas in survey Nos. 276 and 278/A situated at Pedda Kaparthi village of Chityal Mandal in Nalgonda District under two registered sale deeds, dated 18.12.2003 and 20.12.2003. On an application made by petitioners, first respondent mutated their names in revenue records and also issued Pattadar Pass Books and Title Deeds (PPBs/TDs). Second respondent is daughter of petitioners' vendor, Smt. Danamma. Second respondent filed a suit being O.S. No. 50 of 2005 on the file of the Court of the Senior Civil Judge, Nalgonda, for partition and separate possession. Petitioners herein are defendants 2 and 3 therein. Learned Senior Civil Judge decreed the suit on 21.07.2008. After obtaining copy of the same, second respondent approached first respondent for implementing the Judgment under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (the Act, for brevity) and Andhra Pradesh Rights in L...

Royal Sundaram Alliance Insurance Co. Ltd. and Another Vs. Guda Venkat ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Mrs. M. Shreesha, Member: Oral: 1. Aggrieved by the order in C.D. No. 83/2004 on the file of District Forum, Srikakulam, opposite parties 1 and 2 preferred this appeal. 2. The brief facts as set out in the complaint are that the complainant purchased a lorry Ashok Leyland 2002 Model which was financed by Sundaram Finance. The vehicle was insured with the opposite parties for an amount of Rs.10,00,000, the policy being effective from 20.6.2002 to 19.6.2003. The insureds vehicle met with a fire accident on 26.4.2003 while coming from Bangalore to Visakhapatnam and immediately the same was informed to the opposite parties and a F.I.R. was also registered at Parawada Police Station. The relevant documents were submitted along with the claim form for an amount of Rs.10,00,000 though the vehicle is worth Rs.11,00,000. In spite of several requests, opposite parties did not settle the claim amount and there was immense financial pressure from Sundaram Finance to pay the balance amount. Opposit...

Dr. S.K. Singh Vs. the Cooperative Tribunal and ors.

Court: Andhra Pradesh

Reported in: 2009(2)ALT244

C.V. Nagarjuna Reddy, J.1. This case unfolds the story of a victim of fraud perpetrated on him by respondent No. 4 with the active connivance of respondent No. 3 and unjust and unwarranted intervention with the arbitral award by the Andhra Pradesh Cooperative Tribunal headed by a responsible judicial officer. The following facts unravel this squalid affair:The petitioner is a member of respondent No. 3 Society (for short, 'the Society') with membership No. 1498 and was allotted plot bearing No. 1012 admeasuring about 1100 square yards on 04.08.1975 by the Society. The petitioner paid the entire cost of the plot in instalments and was corresponding with the Society for allotment of an alternative plot. The petitioner lives in USA. On 23.12.1992, he addressed a letter to the Society requesting it to furnish information to his GPA, Dr. Dinesh Singh (for short, 'the GPA') regarding his membership. In reply thereto, the Secretary of the Society wrote letter dated 05.01.1993, wherein he info...

Depot Manager, Apsrtc Vs. K. Jogi Reddy and anr.

Court: Andhra Pradesh

Reported in: 2009(5)ALT563

ORDERC.V. Nagarjuna Reddy, J.1. These two writ petitions arise out of the same award of the Presiding Officer, Labour Court-I, Hyderabad (respondent No. 2). Hence, they are heard and being disposed of together.2. WP. No. 3750 of 1997 is filed by the Depot Manager, Andhra Pradesh State Road Transport Corporation (for short 'the Corporation'), Hyderabad II Depot, Hyderabad questioning the award passed by respondent No. 2 whereby he directed the petitioner to reinstate respondent No. 1 with continuity of service and 50% of back wages.3. WP. No.11861 of 1998 is filed by the employee, Conductor, questioning the award to the extent he was denied 50% of back wages.4. For convenience, the parties are referred to as they are arrayed in Writ Petition No. 11861 of 1998.5. The petitioner is a Conductor having been appointed in the Corporation in 1981. On the fateful day i.e. 02.04.1987, when he was conducting bus bearing No. AAZ 5518 on the route Arutla - Manchal, a check was made at Lingampally X...

D. Lakshmi Vs. A.P. State Financial Corporation and ors.

Court: Andhra Pradesh

Reported in: 2009(1)ALT143

ORDERL. Narasimha Reddy, J.1. The second respondent, by name, Hima Bindu Cements Private Limited, Visakhapatnam, borrowed a sum of Rs. 19,22,431/- from the first respondent-Corporation. The primary assets of the second respondent-Company were offered, as security for repayment of the loan. In addition to that, the petitioner figured, as a surety and an extent of 0.33 cents of land was mortgaged. On the ground that the second respondent committed default in repayment of the loan, the first respondent brought the property mortgaged by the petitioner, to sale, on 6-12-2001. The third respondent is said to have emerged as the highest bidder. The petitioner complains that she was totally kept outside the proceedings of the sale, so much so, she was not informed of the amount that is fetched in the auction, much less the particulars of the highest bidder. She also states that she was never given an opportunity to foreclose the mortgage and that the first respondent did not follow the procedu...

Sri Sanjeeva Anjaneya Swamy Vari Devasthanan, Rajahmundry Rep. by Its ...

Court: Andhra Pradesh

Reported in: 2009(2)ALT431

D.S.R. Varma, J.1. Heard both the counsel at the stage of admission.2. Aggrieved by the order dated 02.05.2008 passed by the learned single Judge in W.P. No. 10512/2008 the present writ appeal is filed.3. Sri Sanjeeva Anjaneya Swamy Vari Devasthanam, Rajahmundry represented by its Archaka-cum-Trustee is the appellant herein (for short herein after referred to as 'the appellant - Temple'). From the material available on record it could be seen that the Assistant Commissioner, Endowments Department, Rajahmundry by his proceedings in Rc. No. A4/5755/2007 dated 28.6.2007 submitted proposals under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') stating that the 1st respondent herein is an encroacher over the temple land bearing door No. 8-9-1 in 150 sq. yards of site, Tank Bund, Rajahmundry. Based on the proposal, a case in O.A. No. 114/2007 was instituted by the appellant - Temple. The case of the temple is that th...