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Andhra Pradesh Court February 2012 Judgments

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Feb 16 2012

The Claims Manager, Reliance General Insurance Co. Ltd. Vs. Bandaru Na ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-16-2012

Oral Order (Per Honble Sri Justice D.Appa Rao, President) The appellant, insurance company, preferred this appeal against the order of the District Forum directing it to pay Rs.73,487/- together with interest at 6% p.a. and costs of Rs.1500/-. The case of the complainant in brief is that he is the owner of an Auto which was insured with the appellant insurance company valid from 26-7-2008 to 25-7-2009. While so, it met with an accident on 21-1-2009 in the limits of Kattangur Police Station. On a report, the Police registered a case in Crime No.15/2009. The said fact was also intimated to the appellant, insurance company, which in fact appointed an surveyor and he estimated the damages at Rs.75,000/-. However, the appellant did not settle the claim and therefore he got issued a legal notice followed by the complaint claiming a sum of Rs.75,000/- together with interest and compensation. The insurance company resisted the case. While admitting the issuance of the policy, it alleged that i...


Feb 15 2012

Ms. Yuva Concerns (Dalton Press), Repre Vs. Smt. Anis Khan

Court: Andhra Pradesh

Decided on: Feb-15-2012

C.V. NAGARJUNA REDDY, J.JUDGMENT:1. The petitioners, whose eviction from the petition schedule property, was ordered by the learned I Additional Rent Controller-cum-XIII Junior Civil Judge, City Civil Court, Hyderabad (for short "the Rent Controller"), by order dated 26-7-2010 in R.C.No.43/2007, which was confirmed by Judgment dated 21-11-2011 in R.A.No.296/2010 by the learned Additional Chief Judge, City Small Causes Court, Hyderabad, filed this Civil Revision Petition under Section 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act 1960 (for short "the Act").2. The respondent, who filed the eviction petition, pleaded that she is the absolute and exclusive owner of portions of the petition schedule property bearing municipal No.5-9-88 and 5-9-101/3, admeasuring 127 sq. yards out of 218.66 sq. yards, situated at Public Garden Road, Nampally, Hyderabad, having purchased the same under registered sale deed dated 20-2-2004 from one Mohd. Mehdi Hussain Khan, who was the original...


Feb 15 2012

K. Anuradha Vs. Ramadevi and anr.

Court: Andhra Pradesh

Decided on: Feb-15-2012

ORDER: 1. This civil revision petition arises out of order, dated 27.11.2008 in E.A.No.439 of 2008 in E.P.No.75 of 2007 in O.S.No.134 of 2006 on the file of the learned Principal Senior Civil Judge, Anantapur. 2. The petitioner is the third party claim petitioner. Respondent No.1 filed the suit based on mortgage. A preliminary decree was passed in the suit. The decree, to the extent it is relevant, is reproduced hereunder: "And it is hereby further ordered and decreed that in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree for the sale of the mortgage property and on such application being made the mortgaged property of sufficient part thereof shall be directed to be sold and for purpose of such sale the plaintiff shall produce before the Court or such officer as it appoints all documents in his possession of power relating to the mortgaged property." 3. Respondent No.1 filed E.P.No.75 of 2007 for execution of the preliminary decree. The petitio...


Feb 15 2012

K. Anuradha Vs. Ramadevi and Another.

Court: Andhra Pradesh

Decided on: Feb-15-2012

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL REVISION PETITION No.2599 o15. 02-2012 K. Anuradha Ramadevi & another. Counsel for the petitioner : Sri N. Aswartha Narayana Counsel for the respondents: Sri Mahadeva Kantrigala Cases referred 1. AIR 196.SC 99.2. 2002 (1) ALT 26.(DB) ORDER: This civil revision petition arises out of order, dated 27.11.2008 in E.A.No.439 of 2008 in E.P.No.75 of 2007 in O.S.No.134 of 2006 on the file of the learned Principal Senior Civil Judge, Anantapur. The petitioner is the third party claim petitioner. Respondent No.1 filed the suit based on mortgage. A preliminary decree was passed in the suit. The decree, to the extent it is relevant, is reproduced hereunder: "And it is hereby further ordered and decreed that in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree for the sale of the mortgage property and on such application being made the mortgaged property of sufficient part thereof shall be directed t...


Feb 15 2012

M/S. Yuva Concerns (Dalton Press), Repre Vs. Smt. Anis Khan

Court: Andhra Pradesh

Decided on: Feb-15-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.276 o15. 2-2012 M/s. Yuva Concerns (Dalton Press), Represented by its partner A. Chandrasekhar Rao and others Smt. Anis Khan Counsel for petitioners : Sri N. Subba Rao Counsel for respondent : Sri P. Shiv Kumar ?CASES REFERRED:1. (1987) 1 SCC 57.JUDGMENT: The petitioners, whose eviction from the petition schedule property, was ordered by the learned I Additional Rent Controller-cum-XIII Junior Civil Judge, City Civil Court, Hyderabad (for short "the Rent Controller"), by order dated 26-7-2010 in R.C.No.43/2007, which was confirmed by Judgment dated 21-11-2011 in R.A.No.296/2010 by the learned Additional Chief Judge, City Small Causes Court, Hyderabad, filed this Civil Revision Petition under Section 22 of the A.P. Buildings (Lease, Rent & Eviction) Control Act 1960 (for short "the Act"). The respondent, who filed the eviction petition, pleaded that she is the absolute and exclusive owner of portions of the petit...


Feb 15 2012

Smt. Pittala Sunitha Vs. the Branch Manager, Life Insurance Corporatio ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-15-2012

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order in C.C.No. 457/2009 on the file of District Forum-III, Hyderabad , the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant is the wife of late Pittala Giribabu who took Jeevanmitra (Triple Cover Endowment Plan with Profits) with Accident Benefit policy for Rs.1,65,000/- the date of commencement of risk being 28.12.2004. Due to financial difficulties he could not pay the instalments from August,2005 onwards. Thereafter in April, 2006 the life assured approached opposite party no.1 for revival of the policy and underwent complete medical checkup and the panel doctor gave a report that the policy holder was in good health and fit for revival of the policy. While so on 30.4.2006 the policy holder died and the opposite party repudiated the claim of the complainant on 15.12.2007 on the ground that the life assured suppressed Malaria fever and Pneumonitis which he s...


Feb 14 2012

M/S. Chandana Brothers Shopping Mall, Re Vs. M/S. Urvasi Enterprises,r ...

Court: Andhra Pradesh

Decided on: Feb-14-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.230 o14. 2-2012 M/s. Chandana Brothers Shopping Mall, Represented by its Managing Partner Mavuri Venkataramana, Visakhapatnam M/s. Urvasi Enterprises,Represented by its Managing Partner Routhu Venkateswara Rao, Rajahmundry and others Counsel for petitioner : Sri Vedula Venkataramana, Senior Counsel Counsel for respondents : Sri V.L.N.G.K. Murthy CASES REFERRED: (1983) 1 SCC 1.ORDER: This Civil Revision Petition arises out of order dated 5-1-2012 in I.A.No.928/2011 in O.S.No.584/2009 on the file of the learned I Additional Senior Civil Judge, Rajahmundry. The petitioner is a third party to the above mentioned suit instituted by respondent Nos.1 and 2, for multiple reliefs. Respondent Nos.1 and 2 also filed I.A.No.1239/2009 in the said suit and obtained an order of interim injunction. Some of the reliefs claimed in the said suit are as under: "d. for granting permanent injunction restraining the defendants from entering into any cont...


Feb 14 2012

Kalluri Seethalakshmi Vs. the Bajaj Allianz Insurance Company, Rep. by ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-14-2012

Oral Order (Per Honble Sri Justice D.Appa Rao, President) The unsuccessful complainant is the appellant. The case of the complainant in brief is that her husband, Kalluri Devudu, joined as a Member in Road Safety Club linked to Personal Accident insurance policy for a sum of Rs.2,00,000/- covering the period from 10-7-2006 to 09-7-2007. While so, on 08-9-2006 he died in a motor vehicle accident between Salur and Butchampeta and the said fact was intimated to the complainant. She immeidatley rushed to the spot and thereafter the body was cremated. She was in shock and fell sick and after she gained health made a police complaint. At the first instance, the police of Saur registered the case U/s.174 and thereafter F.I.R., was altered and registered a case U/s.304 a of IPC. Despite the fact that a claim form was submitted along with necessary documents, the amount was not paid. At last opposite party No.2 addressed a letter to her on 19-2-2008 stating that as the claim was repudiated. Ass...


Feb 14 2012

K. Pydi Naidu Vs. Maddi Ramanujayya

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-14-2012

(Typed to dictation of Smt.M.Shreesha, Honble Member) Aggrieved by the order dt.10.12.2009 in C.C.No.592/2008 on the file of District Forum-1, Visakhapatnam, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant has been residing in a house bearing D.No.23-9-53/A at Rajappanaidu Street, I Town Area, Visakhapatnam and as it was in a dilapidated condition he wanted to dismantle a portion of it and build a new house. The complainant after due negotiations with the opposite party who is a contractor entered into an agreement on 23.3.2008. The work awarded to the opposite party for a total sum of Rs.5,55,000/- is for dismantlement of a part of the old structure and construction of new house in its place with all the amenities agreed. The opposite party has taken up the work on 25.3.2008 and the complainant paid the agreed amount of Rs.5,50,000/- in eight instalments commencing from 24.3.2008 till 2.8.2008 which was acknowledged by the...


Feb 13 2012

Gutha Narayana Rao Vs. the District Collector, Guntur and ors

Court: Andhra Pradesh

Decided on: Feb-13-2012

G. BHAVANI PRASAD, J.COMMON ORDER:1. Writ Petition No.33490 of 2011 is for a direction to the Collector and Revenue Divisional Officer, Guntur and Tahsildar, Sattenapalli Mandal to stop and prevent illegal construction of a platform for the erection of the statue of Sri Y.S.R. in Pakalapadu Gram Panchayat office premises by private respondents 6 and 7. The petitioner claimed that the panchayat office is located in about 60 square yards in survey No.168 having been constructed in 2008. The Mandal Development Officer and the Panchayat Secretary were alleged to be encouraging the said construction by respondents 6 and 7, which inconveniences the public in entering the office premises. The representation of the petitioner and others dated 09-12-2011 was unattended. The material papers enclosed show the representation to have been acknowledged by the office of the Collector.2. At the time of admission of the writ petition, interim directions were given on 20-12-2011 in W.P.M.P. No.41647 of ...



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