Andhra Pradesh Court September 2008 Judgments
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Somaraju Chinnammi Vs. Samanthu Sivaji Ganesh and anr.
Court: Andhra Pradesh
Decided on: Sep-08-2008
Reported in: AIR2009AP12; 2008(6)ALD485; 2008(6)ALT215
ORDERG. Rohini, J.1. This Revision Petition is directed against the order dated 23.6.2008 in I.A. No. 304 of 2008 in O.S. No. 25 of 2007 on the file of the Court of the IV-Addl. Junior Civil Judge, Kadapa.2. The revision petitioner is the plaintiff who filed the suit for permanent injunction restraining the defendants/respondents herein from interfering with the suit schedule property. The defendants contested the suit and on the basis of the pleadings issues were settled. Both the parties let in evidence in support of their respective claims. However, after the closure of the evidence, at the instance of the plaintiff the trial was reopened for examining P.W.4. At that stage, the plaintiff filed I.A. No. 304 of 2008 under Order 23 Rule 1(3) of C.P.C. seeking permission to withdraw the suit with liberty to file a fresh suit in respect of the same subject matter on the ground that there was a formal defect in the suit and therefore he was advised by his counsel to file a fresh suit. The...
Lanka Venkatapathi Rao Vs. Smt. Lanka Vijayasree
Court: Andhra Pradesh
Decided on: Sep-08-2008
Reported in: 2008(6)ALT218
ORDERP.S. Narayana, J.1. The Civil Revision Petition was admitted on 27-2-2006 and interim suspension was granted on 4-12-2006.2. The present Civil Revision Petition is filed by the Revision Petitioner being aggrieved of an order made by the learned I Additional Senior Civil Judge, L.B. Nagar, Ranga Reddy District in I.A. No. 1576/2004 in O.P. No. 205/2003 dated 21-11-2005. The respondent herein filed the said application I. A. No. 1576/2004 in O.P. No. 205/03 claiming maintenance for the minor children under Sections 24 and 26 of Hindu Marriage Act 1955, hereinafter in short referred to as ''Act' for the purpose of convenience. The learned I Additional Senior Civil Judge, Ranga Reddy District after recording reasons allowed the application granting maintenance of Rs.1500/- p.m. to L.Sravya and Rs.1000/-p.m. to L.Harish towards maintenance and educational expenditure. The respondent in the said application being aggrieved of the same preferred the present C.R.P.3. It is stated that the...
V.V.V.R.K. Yachendra Vs. Special Commissioner and Director of Settleme ...
Court: Andhra Pradesh
Decided on: Sep-08-2008
Reported in: 2008(6)ALD165
ORDERC.V. Nagarjuna Reddy, J.1. This is yet another writ petition and hopefully the last in the series of writ petitions filed by the petitioner, who is the erstwhile Zamindar of Venkatagiri estate.2. The dispute pertains to payment of compensation and interim payments till the determination of the compensation under the provisions of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, 'the Act') along with interest. The Act abolished all the estates in the State and provided for payment of compensation to the estate holders due to such abolition. By notification dated 11.11.1959, the Director of Settlements called upon all the estate holders to apply for copies of data on the basis of which he proposed to determine the basic annual sum. On the ground that such a data applied for by the petitioner was not furnished, he filed WP No. 376 of 1960. The said writ petition was disposed of by judgment dated 21.11.1962 with the direction to t...
D. Uma Maheswar Rao S/O Late D. Linga Murthy Vs. Deputy Registrar of C ...
Court: Andhra Pradesh
Decided on: Sep-06-2008
Reported in: 2008(6)ALD323; 2008(6)ALT27
Anil R. Dave, C.J.1. Being aggrieved by the order dated 23.7.2008 passed by the learned Single Judge in Writ Petition No. 15680 of 2008, this appeal has been filed by the original petitioner.2. The appellant has been aggrieved by the order passed by the learned Single Judge whereby the prayer made in the petition with regard to quashing of an order dated 15.7.2008 passed in I.A. No. 577 of 2008 in C.T.A. No. 81 of 2008 has been rejected.3. The facts giving rise to the present litigation, in a nutshell, are as under:An enquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, 'the Act') was ordered to be conducted by the Joint Registrar/District Cooperative Officer, Hyderabad into the affairs of Veerashaiva Co-operative Urban Bank Limited, Hyderabad (for short, 'the bank') for fixing the responsibility for high non-performing assets and for the weak financial status of the bank, especially with reference 'to the irregularities pointed out by the Reserve ...
Donthireddy Sambi Reddy Vs. Commissioner, Endowments Department and or ...
Court: Andhra Pradesh
Decided on: Sep-06-2008
Reported in: 2008(6)ALD121
L. Narasimha Reddy, J.1. The petitioners filed this batch of writ petitions, feeling aggrieved by the common order dated 30.4.2008, passed by the Regional Joint Commissioner, Multi Zone-I, Endowments Department, Kakinada, as the 2nd respondent in the writ petitions; setting aside the individual orders dated 19.9.2003, passed by the Assistant Commissioner of Endowments, Guntur, the 3rd respondent.2. One Donthireddy Ramakrishna Reddy, the grandfather of the petitioners herein, was granted lease in respect of Ac.3.09 cents of land, in Sy. No. 110 of Tadepally Village, Guntur District, owned by Sri Ramalingeswara Swamy Temple, the 4th respondent herein; under lease deed dated 19.7.1939. The petitioners state that during the lifetime of Ramakrishna Reddy, his three sons, viz., Akkireddy, Subba Reddy and Venkata Reddy, were separately cultivating the extents of Ac.1.13 cents Ac.1.00 cents, and Ac.1.19 cents respectively, and that separate leases were granted by the Managing Trustee of the 4t...
B. Sameerun and ors. Vs. Kotla Hiral Basha
Court: Andhra Pradesh
Decided on: Sep-06-2008
Reported in: 2008(6)ALD171
ORDERL. Narasimha Reddy, J.1. The respondent filed OS No. 479 of 2002 in the Court of Principal Junior Civil Judge, Proddatur, against the petitioners, for the relief of specific performance of an agreement of sale, dated 19.1.1998, said to have been executed by the husband of the 1st petitioner and father of petitioners 2 to 5. The trial Court had set petitioners 1 to 3 ex pane. Since petitioners 4 and 5 were minors, at the relevant point of time, an Advocate was appointed as Guardian for them and a written statement is said to have been filed on their behalf. The suit was ultimately decreed ex parte on 20.6.2005.2. The petitioners filed an application under IX Rule 13 CPC, to set aside the ex parte decree, dated 20.6.2005. They have also filed IA No. 831 of 2006, under Section 5 of the Limitation Act, to condone the delay in presenting the said application. The trial Court dismissed the I.A., through its order, dated 5.4.2007. The petitioners filed CMA No. 15 of 2007 in the Court of ...
Ajra Azmath and ors. Vs. Kurra Prameela
Court: Andhra Pradesh
Decided on: Sep-06-2008
Reported in: 2009(1)ALT295
ORDERP.S. Narayana, J.1. On 1-2-2008 while admitting the civil revision petition, this Court in CRPMP No. 547 of 2008 granted interim stay as prayed for until further orders. CRPMP No. 4597 of 2008 is filed with prayer to vacate the interim stay granted on 1-2-2008 in CRPMP No. 547 of 2008 in CRP No. 419 of 2008 and pass suitable orders. When the vacate petition came up for hearing, Sri R.L. Narasimha Phani representing Sri A. Satyanarayana, learned Counsel representing the revision petitioners and also Sri C. Raghu, learned Counsel representing the vacate petitioner-respondent in the revision petition made a request for final disposal of the CRP itself. Hence, at that stage the CRP itself was heard finally by this Court.2. The learned Counsel representing for the revision petitioners Sri R.L. Narasimha Phani had taken this Court through the respective stands taken by the parties and also would maintain that when application under Order 41, Rule 27 of the Code of Civil Procedure (herei...
Chaganla Mahendranath and ors. Vs. Commissioner and Special Officer To ...
Court: Andhra Pradesh
Decided on: Sep-05-2008
Reported in: 2008(5)ALD724
ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by petitioners who are three in number with a prayer to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the 1st respondent to receive the building permission application without insisting 'No Objection Certificate' from the District Collector, Ranga Reddy District-3rd Respondent.2. The petitioners claim to be the owner of Ac.6-02 guntas in Survey No. 206/AA(P) and an extent of Ac.0-71/2 Gt. In Survey No. 203(P), situated at Madinaguda, Serilingampally Mandal, Ranga Reddy District. In the year 2003 Government of Andhra Pradesh issued G.O. Ms. No. 337, dated 2.6.2000, whereunder the land in Survey No. 207/AA is designated as 'Residential' use zone. The petitioner approached the Office of Greater Hyderabad Municipal Corporation for permission to construct a multi-storied residential apartment. 1st Respondent has orally informed to the petitioners to secure 'No Objection Cer...
B. Lakshmi Suseela Vs. Special Collector (Land Acquisition) and anr.
Court: Andhra Pradesh
Decided on: Sep-05-2008
Reported in: 2008(6)ALD238
ORDERL. Narasimha Reddy, J.1. These two writ petitions are filed assailing Award Nos. 13 and 14 of 2008, passed on 25.3.2008 and 19.3.2008 respectively, by the Land Acquisition Officer, Indira Sagar Project, Right Main Canal, Unit-II, Eluru, West Godavari District, the first respondent in both the writ petitions.2. The petitioner in W.P. No. 9191 of 2008 is said to be the owner of an extent of Ac. 1.50 cents of land in Survey No. 169/ 2A of Polasanipalli Village, Bhimadole Mandal, West Godavari District. The petitioners in W.P. No. 12108 of 2008 are the owners of Acs. 11.23 cents of land in Survey No. 198/2 of Pangidigudem Village, Dwaraka Tirumala Mandal, West Godavari District. The said lands were acquired, vide notifications, dated 3.11.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') and declarations under Section 6 of the Act, dated 24.2.2008 and 12.3.2008.3. After conducting enquiry, the first respondent passed the Awards, referred to above. ...
Ranga Parameswari and ors. Vs. Ranga Madhusudhan Rao
Court: Andhra Pradesh
Decided on: Sep-05-2008
Reported in: 2008(6)ALD334; 2009(1)ALT397
ORDERP.S. Narayana, J.1. The petitioners filed the present C.R.P. as against an order dated 22.4.2008, made by the learned District Judge, Ongole, in C.F.R. No. 1763 of 2008 in appeal suit of 2008, preferred as against the judgment and decree dated 19.11.2007 made in O.S. No. 24 of 2004.2. The petitioners herein are the appellants. The unsuccessful defendants in O.S. No. 24 of 2004 on the file of the Senior Civil Judge, Chirala, aggrieved by the judgment and decree dated 19.11.2007, had preferred the appeal. The office had taken an objection relating to payment of Court fee and certain other objections had been raised before numbering the appeal, and the matter was called on Bench. After hearing the Counsel at length, the learned District Judge, Ongole, having formulated the point for consideration at Para 3, recorded the reasons at Paras 4, 5, 6, 7 and 8, and ultimately upheld the office objections relating to the valuation of the appeal. Aggrieved by the same, the present C.R.P. had ...
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