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Andhra Pradesh Court March 2009 Judgments

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Mar 20 2009

Nallamilli Satyanarayana Reddy and ors. Vs. Nallamilli China Venkata R ...

Court: Andhra Pradesh

Decided on: Mar-20-2009

Reported in: 2009(5)ALT341

V.V.S. Rao, J.1. These two appeals are against Judgment and decree, dated 29.12.1989 in O.S. No. 207 of 1980 passed by the Court of Subordinate Judge, Rajahmundry. A.S. No. 938 of 1990 is filed by defendants (hereafter called, defendants' appeal) and A.S. No. 1188 of 1990 is filed by sole plaintiff (hereafter called, plaintiff's appeal). Both the appeals are being disposed of by this common Judgment, wherein the parties are referred to by their status in the suit.2. Nallamilli Veerreddy, resident of Gollalamamidada owned considerable extents of landed property including the land admeasuring Acs.6.79 cents in survey No. 127/3 situated at Uppalapudi village, near Rajahmundry (hereafter called, suit schedule property). Through his first wife Rajamma, he had two sons, namely, Peda Venkatareddy and China Venkatareddy (plaintiff). The former was given in adoption to Sabella Gangireddy, who is co-brother of Veerreddy. After death of his wife Rajamma in 1940, Veerreddy married Lakshmi Devi, th...


Mar 20 2009

Malampati Suryamba and ors. Vs. Venigalla Koteswaramma and ors.

Court: Andhra Pradesh

Decided on: Mar-20-2009

Reported in: 2010(1)ALT228

V.V.S. Rao, J.1. These two appeals are being disposed of by this common judgment as they arise out of judgment and decree in O.S. No. 35 of 1980, dated 29-04-1988, of the Court of the Principal Subordinate Judge, Narasaraopet, Guntur District. A.S. No. 1887 of 1988 is filed by defendants 16, 17 and 18, and A.S. No. 1433 of 1989 is filed by defendants 4, 13 and 14. By impugned judgment learned trial Judge decreed suit filed by first respondent in both appeals for partition and possession of plaint A, B and C schedule properties, rejecting claim of appellants in A.S. No. 1433 of 1989, which was based on the Will and also rejecting the claim of the predecessor of appellants in A.S. No. 1887 of 1988, which was based on agreement of sale in respect of item No. 1 of plaint A schedule properties. In these appeals, for convenience, parties are referred to by their status in the suit.2. Plaintiff - Koteswaramma and defendants 1 to 3, Chandra Seethamma, Malempati Radha Krishna Murthy and Chandra...


Mar 19 2009

Smt. K. Vijaya Lakshmi, W/O. K. Srinivas, R/O. Markapur Vs. Government ...

Court: Andhra Pradesh

Decided on: Mar-19-2009

Reported in: 2009(3)ALT544

ORDERVilas V. Afzulpurkar, J.1. By this writ petition, petitioner is seeking to challenge the action of the respondents in not including her name for appointment to the post of Junior Civil Judge vide G.O.Ms. No. 164 Home (Courts C1) Department dated 23.10.2008.2. Petitioner contends that in response to the notification of the year 2007 notifying 98 posts of Junior Civil Judge for recruitment, she appeared as a candidate and appeared for the written examination as well as the interview. Petitioner claims that her Roll Number is 570 and that she was provisionally selected and further procedure including the verification of antecedents of the candidates was completed and ultimately the first respondent issued G.O.Ms. No. 164 dated 23.10.2008 approving the selection of 94 candidates as specified in the annexure to the said GO for appointment as Junior Civil Judges by Direct Recruitment and Recruitment by Transfer respectively. Since the name of the petitioner was not included in the said ...


Mar 19 2009

Ghantasala Narasimha Rao Vs. the Chief Secretary to the Government, Go ...

Court: Andhra Pradesh

Decided on: Mar-19-2009

Reported in: 2009(3)ALT34

ORDERA. Gopal Reddy, J.1. In this Writ Petition, the petitioner Ghantasala Narasimha Rao, cousin brother of the detenu-Ghantasala Venkateshwara Rao @ Venkanna S/o Venkata Swamy, has challenged the order issued by the Government in G.O.Rt. No. 6336, General Administration (Law and Order II) Department dated 4-11- 2008 confirming the order of detention passed against his cousin brother by the Collector and District Magistrate, Krishna District, Machilipatnam dated 5-10-2008 under Section 3(1), 3(2) read with Section 2(a)(b) of the A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (for short 'the Act 1 of 1986').Briefly stated the alleged activities of the detenu as set out in the grounds of detention dt. 5-10-2008 are that prior to the detention, the alleged detenu was arrested in the following cases booked by the Prohibition and Excise Officials of West Godavari District. 1. Cr. No. 310/2007-20...


Mar 19 2009

The Cosmopolitan Cooperative Housing Society Limited, a Society Regist ...

Court: Andhra Pradesh

Decided on: Mar-19-2009

Reported in: AIR2009AP136; 2009(3)ALT693

ORDERL. Narasimha Reddy, J.1. The petitioner is, Cosmopolitan Cooperative Housing Society. It acquired the lands in Sy.Nos.16 and 17 of Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District, admeasuring Ac.08-37 gts. Several documents are required to be executed by it in favour of its members and they, in turn, are presented before the fourth respondent--Sub-Registrar, Saroornagar, Ranga Reddy District, for registration. On the ground that the lands in Sy.Nos.16 and 17, as mentioned in the Basic Market Value Register and other Government records, belonged to the Government, the fourth respondent has been refusing to entertain the documents. On earlier occasion, the petitioners approached this Court by filing W.P. No. 6684 of 2007 and this Court disposed of the same by directing the Sub-Registrar, Saroornagar, Ranga Reddy District, to process the documents and take necessary steps within two weeks. It was also mentioned that in case there exists any reasons for refusing registra...


Mar 18 2009

Katikireddy Narasimha Rao and anr. Vs. District Panchayat Officer and ...

Court: Andhra Pradesh

Decided on: Mar-18-2009

Reported in: AIR2009AP137; 2009(3)ALT426

ORDERL. Narasimha Reddy, J.1. The 2nd petitioner is the wife of the 1st petitioner. Both of them, contested as Ward Members of Kontheru Gram Panchayat, Yelamanchili Mandal, West Godavari District, in the elections held in August, 2006 and were elected from Ward Nos. 10 and 8, respectively. The 1st petitioner was also elected as Upa Sarpanch.2. Representations were made by Smt. T. Nagalaxmi and Sri P. Naga Vijaya Bhaskar, alleging that the petitioners incurred disqualification, on account of they gave birth to a third child after 30th May 1995. They have also filed W.P.No.26997 of 2007 before this Court, complaining that no action has been taken on their representation. The writ petition was disposed of on 31.01.2008, directing the respondents therein to take necessary steps in accordance with law.3. The District Panchayat Officer, 1st respondent herein, issued proceedings dated 19.03.2008, intimating the petitioners herein that the representations were made to the effect that they have...


Mar 18 2009

T. Srinivasulu (Dr.) Vs. State of A.P. Rep. by Its Principal Secretary ...

Court: Andhra Pradesh

Decided on: Mar-18-2009

Reported in: 2009(3)ALT558

ORDERL. Narasimha Reddy, J.1. The facts of this case disclose that the office of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, the 2nd respondent herein, is functioning under the impression that there does not exist any Rule of Law.2. The petitioner and his family members held various extents of land in different survey numbers of Tummabowli and Gaddi Annaram Villages, Saroornagar Mandal, Ranga Reddy District. Since the villages are within the Hyderabad Urban Agglomeration, they filed declaration under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976, (for short 'the Act'). After verification of the entire matter, the 2nd respondent passed an order under Section 8(4) of the Act, on 21-07-1982, holding that the petitioner is not liable to surrender any excess land. The fact that the land held by the petitioner is put to agriculture use; was taken note of.3. After about a quarter century, the incumbent in the office of the 2nd respondent tho...


Mar 18 2009

Cat Educational Society Vs. Govt. of A.P. and ors.

Court: Andhra Pradesh

Decided on: Mar-18-2009

Reported in: 2009(3)ALT686

ORDERL. Narasimha Reddy, J.1. W.P. No. 6485 of 2006 is filed, challenging G.O.Ms. No. 1859 Revenue (UB.II) Department, dated 31.10.2005. W.P. No. 10875 of 2006 is filed challenging a notice, dated 17.05.2006, issued by the Special Officer & Competent Authority, Urban Land Ceiling, Hyderabad proposing to conduct survey of the land in Survey No. 23 of Gachibowli, Serilingampally Mandal, Ranga Reddy District. W.P.No.20731 of 2008 is filed assailing a Memo, dated 11.09.2008, through which, the Government required the petitioners to explain as to why G.O.Ms. No. 1859, dated 31.10.2005, be not cancelled.2. Since the three writ petitions are connected with each other, they are disposed of through a common order. For the sake of convenience, the parties are referred to as arrayed in W.P. No. 6485 of 2006.3. The land in Survey No. 23 of Gachibowli, Serilingampally Mandal, Ranga Reddy District fairly vast extent, held by one Sri Anil Kumar Kamdar. A woman, by name Lingamma, also claimed that she...


Mar 17 2009

S. Safi Vs. Rehamath Jahan and ors.

Court: Andhra Pradesh

Decided on: Mar-17-2009

Reported in: AIR2009AP138

P.S. Narayana, J.1. The present Civil Miscellaneous Appeal is filed by the appellant under Order 43, Rule 1 of the Code of Civil Procedure (hereinafter referred to for short as 'the Code' for the purpose of convenience) challenging the order made in A.S. No. 72 of 2005 on the file of the IV Additional District Judge, Tirupati. The said appeal was preferred as against the order and decretal order made inI.P.No.39 of 2004 on the file of the Additional Senior Civil Judge, Tirupati. CMAMP No. 77 of 2009 is filed for reception of additional evidence. CMAMP No. 2586 of 2008 is filed by Rahmath Jahan praying for vacation of the interim stay granted by this Court on 9.9.2008 in CMAMP No.1963 of 2008 in CMA No.856 of 2008. A preliminary objection had been raised that the C.M.A itself is not maintainable in the eye of law in the light of provisions of the Provincial Insolvency Act, 1920 (hereinafter referred to for short as 'the Act' for the purpose of convenience).2. Sri N. Pramod, learned Coun...


Mar 17 2009

Dr. Reddy's Laboratories Limited Vs. Y. Srinivasa Rao

Court: Andhra Pradesh

Decided on: Mar-17-2009

Reported in: 2009(6)ALT252

ORDERP.S. Narayana, J.1. Dr. Reddy's Laboratories Limited, Hyderabad, filed the present civil revision petition under Article 227 of the Constitution of India being aggrieved of an order made in I.A. No. 431 of 2005 in O.S. No. 88 of 2003 on the file of the Judge, Family Court-cum-Additional Chief Judge, City Civil Court, Secunderabad.2. The said application was filed under Order XI Rule 1 read with Section 151 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) praying permission of the Court to deliver interrogatories in writing for examination of the respondent-plaintiff. The learned Judge, after formulating the point for consideration at para 4, referred to the Order made in C.R.P. No. 411 of 2006, dated 09-02-2007, by this Court, further referred to the portions of the pleadings, the issues settled and also referred to the decision in Smt. P. Seethamma and Ors. v. P. Ramakrishna Reddy and Ors. : 1997 (1) ALT 322 and Rajnar...


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