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Andhra Pradesh Court December 2008 Judgments

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Dec 04 2008

Lakkaraju Padma Priya Vs. Lakkaraju Shyam Prasad

Court: Andhra Pradesh

Decided on: Dec-04-2008

Reported in: AIR2009AP54; 2009(1)ALT626

Vilas V. Afzulpurkar, J.1. This is an appeal preferred by the wife, aggrieved by the decree of dissolution of marriage granted in favour of husband on the ground of desertion under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). The parties are referred to as 'the husband' and 'the wife' for the sake of convenience.2. The brief facts of the case are that the parties were married on 24.2.1989 and they were living together at Hyderabad. During the year 1991 the wife took an employment as a private school teacher, and after some time she gave birth to a female child on 12.8.1993. It is alleged that while working at the school, because of heavy work pressure and due to birth of daughter, she developed depression problem and as the said problem was recurring periodically for about three years, she was advised to take medical treatment at Visakhapatnam where her parents were residing. However, some time in the year 1996 her parents decided to shift t...


Dec 04 2008

Padmavathi Finance Corporation Vs. S.V. Metal Unit and ors.

Court: Andhra Pradesh

Decided on: Dec-04-2008

Reported in: 2009(6)ALT544

P.S. Narayana, J.1. Padmavathi Finance Corporation, a registered partnership firm being aggrieved of the decreeing the suit as against defendants 2 and 5 only and dismissing the suit as against the other defendants without costs had preferred the present appeal.2. The plaintiff, the present appellant filed the suit O.S. No. 58 of 1986 on the file of the Subordinate Judge, Nandyal as against M/s. S.V. Metal Unit, a registered firm, the first defendant and the partners shown as defendants 2 to 9 for recovery of a sum of Rs. 70,175/- being the principal and the interest due on the strength of a promissory note. The learned Subordinate Judge, Nandyal, on appreciation of the evidence of P.W.1, D.W.I and D.W.2, Exs.A-1 to A-4 and Exs.B-1 to B-10, ultimately decreed the suit against defendants 2 and 5 only and dismissed the suit against the other defendants. Aggrieved by the same, the plaintiff-Padmavathi Finance Corporation, a registered firm presented the appeal on the file of the learned D...


Dec 03 2008

Jasti Bhujangeswara Rao S/O Late Venkata Subbarao Vs. Sub-registrar,

Court: Andhra Pradesh

Decided on: Dec-03-2008

Reported in: AIR2009AP78; 2009(3)ALT804

ORDERV.V.S. Rao, J.1. These writ petitions are being disposed of by this common order in view of the commonality in the cases and also due to the fact that the order challenged is passed by the Sub-Registrar, Repalle, Guntur District (first respondent in all the writ petitions). Further, the impugned order of refusal of registration is similar. The background of these cases as is given in the next paragraph is also similar.2. The fourth respondent, Jasti Venkata Subbamma, and her husband Jasti Venkata Subba Rao have three sons and four daughters. The elder son, Siva Rama Prasad, predeceased his father. The husband of fourth respondent died on 16.09.2007 leaving behind him considerable extent of immovable property - houses/house plots and agricultural lands in Tenali Mandal. It is also not disputed that during his lifetime, Venkata Subba Rao effected partition among his children, and after his death, his property was succeeded by the fourth respondent. Late Siva Rama Prasad, Subrahmanye...


Dec 03 2008

Yarlagadda Tulasamma and ors. Vs. Yarlagadda Pardhasaradhi Venkata Sur ...

Court: Andhra Pradesh

Decided on: Dec-03-2008

Reported in: 2009(3)ALT713

P.S. Narayana, J.Short Episode1. A.S. No. 1326 of 1995 is filed by defendants - 1, 2 and 8 in O.S. No. 71 of 90 on the file of the learned Subordinate Judge, Ramachandrapuram. Likewise A.S. No. 1624 of 1995 was preferred by defendants-3 to 6 in the said suit O.S. No. 71 of 90 on the file of the learned Subordinate Judge, Ramachandrapuram. The first appellant in A.S. No. 1624 of 1995, who is the third defendant in the suit died and appellant No. 5 was brought on record as the legal representative of the deceased appellant No. 1 by an order dated 27.10.2005 made in A.S.M.P. No. 2198 of 2005. The first respondent in both these appeals is the plaintiff in the said suit. The said suit was instituted praying for the relief of partition of the plaint schedule properties into two equal shares if necessary after setting aside the various alienations made by Yarlagadda Padmarajamma and others from 1.9.1957 and allot one such share ta the plaintiff and deliver vacant possession of the same and fo...


Dec 02 2008

Sri Venkateshwara Rice Mill Vs. the Andhra Pradesh State Financial Cor ...

Court: Andhra Pradesh

Decided on: Dec-02-2008

Reported in: 2009(3)ALT552

ORDERL. Narasimha Reddy, J.1. The petitioner is a rice mill established in Addakal Village of Mahabubnagar District. It approached the Andhra Pradesh State Financial Corporation, the first respondent for financial assistance. A sum of Rs. 6,30,000/- was sanctioned on 08-01-1993 and the same was released. The petitioner was required to repay the amount in regular instalments. Up to March, 1999, the petitioner is said to have paid a sum of Rs. 9,40,700/- and the mill was also functional. On 01-02-2000, the 1st respondent, exercising its power under Section 29 of the State Financial Corporations Act, 1951 (for short, 'the Act') seized the mill on the ground that certain instalments were not paid. An advertisement was issued on 18-02-2000 proposing to sell the mill. Three offers were received namely Rs. 10,15,000/- by one Sri Kalwa Sreenivasulu on loan basis, Rs. 13,20,000/- by one Sri T. Shiva Reddy on outright sale basis and Rs. 14,50,000/- on loan basis by the 3rd respondent. The offer ...


Dec 02 2008

V. Rama Prasad S/O V. Rangaiah Vs. the State of Andhra Pradesh, Rep. b ...

Court: Andhra Pradesh

Decided on: Dec-02-2008

Reported in: 2009(3)ALT699

ORDERGhulam Mohammed, J.1. Since the common questions of law involved in these tow writ petitions, they are clubbed together and disposed of by this common order.2. These writ petitions are filed seeking writ of Certiorari to quash the common order dated 29.12.2006 passed by the A.P. Administrative Tribunal in O.A. Nos. 1410 and 1004 of 2006 and batch and to direct the respondents to consider the case of the petitioners for appointment to the post of Assistant Motor Vehicle Inspector with consequential benefits.3. All the applicants including the petitioners herein have approached the Tribunal under Section 19 of the A.P. Administrative Tribunals Act, 1985 to declare that they are fully eligible and qualified to be appointed as Assistant Motor Vehicle Inspector in A.P. Transport Department and to direct the respondents to consider their case and appoint them in the said post.4. It is stated that all these applications are directed against the selection process of Motor Vehicle Inspecto...


Dec 02 2008

K. Vasudeva Reddy Vs. Kambala Sivanageswarappa and ors.

Court: Andhra Pradesh

Decided on: Dec-02-2008

Reported in: 2009(3)ALT646

ORDERP.S. Narayana, J.1. The revision petitioner is the second defendant in the suit O.S. No. 259 of 2006 on the file of the Principal Senior Civil Judge at Nandyal.2. The revision petitioner filed an application I.A. No. 704 of 2008 in O.S. No. 259 of 2006 aforesaid under Sections 10 and 151 of the Code of Civil Procedure (hereinafter in short referred to as 'Code') for the purpose of convenience, praying for the stay of further proceedings including trial of the suit on the ground that a criminal case C.C. No. 318 of 2006 on the file of the Judicial First Class Magistrate at Nandyal relating to the same question is pending disposal. The learned Principal Senior Civil Judge, Nandyal, after recording reasons, dismissed the said application. Aggrieved by the same, the petitioner/second defendant had preferred the present civil revision petition under Article 227 of the Constitution of India.3. The matter is coming up for admission.4. Sri G.V.S. Mehar Kumar, the learned Counsel represent...


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