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Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Court: andhra pradesh Year: 2015 Page 1 of about 4 results (0.145 seconds)

Jun 04 2015 (HC)

andhra Association of Tela Vs. The Union of India, Rep. by Its Centra ...

Court : Andhra Pradesh

Decided on : Jun-04-2015

the honble sri justice vilas v. afzulpurkar writ petition no.15355 of201504-06-2015 andhra association of telanganapetitioner the union of india, rep. by its central board of film certification, hyderabad chapter, telangana state and others.... respondents counsel for petitioner : mr. p. lalitha kamesh counsel for respondents: mr. b. narayana reddy (asst. solicitor general) gp for women development and child welfare mr. m. surender rao

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Dec 14 2015 (HC)

P. Rajini Vs. P. Narasamma and Others

Court : Andhra Pradesh

Decided on : Dec-14-2015

..... common cause of action. the plaintiff is the petitioner. she filed o.s.no.15 of 2008 on the file of the learned ii additional district judge, madanapalle, seeking partition of plaint schedule properties by metes and bounds into five equal shares and for allotment of one such share to her. after filing the written statement by the defendants, the ..... stage to decide about the evidentiary value of the will as the burden is always on the petitioner to establish the execution of the will with cogent and convincing evidence. under submitted circumstances, it appears that inspite due diligence the petitioner could not have submitted the document before the commencement of trial. therefore, the objections raised by the respondent no ..... . the defendants, after filing of the written statement admitting the claim of the plaintiff, filed a petition seeking permission to change their advocates on the ground that they were acting detrimental to their interest by filing written statement contrary to the instructions. the same was permitted. thereafter, they filed another petition seeking leave of the court to strike out ..... solely on the ground of delay and if the court finds that by allowing the application, the real controversy between the parties can be resolved, the application can be allowed by compensating the opposite party by costs. in ravajeetu builders and developers v. narayanaswamy and sons (2009) 10 scc 84) the supreme court cautioned the trial courts to see whether the proposed .....

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Sep 11 2015 (HC)

Angalakurthy Venkata Narayanamma and Others Vs. Molakapalli Lakshmamma ...

Court : Andhra Pradesh

Decided on : Sep-11-2015

..... records are not conclusive proof of title. similarly, in veerabhadrappa setty (supra), this court reiterated the same principle and held that entries in revenue records under section 6 of a.p. rights in land and pattadar passbooks act, 1971, provided that every entry in record of rights should be presumed to be true until contrary was proved but it is settled law that ..... and dealt with separately and exclusively, the question whether there has been a 'composite familygiving rise to right of partition of the properties held in severally needs to be considered. at the out-set in ascertaining the legal position of the parties placed in similar circumstances as these in the instant case, we may steer clear of the law propounded concerning the ..... ; thereupon, the elder by name tulluri venkaiah was sent to mediate but no purpose was served; hence, the suit for the aforesaid reliefs. 5. the 2n d defendant filed written statement admitting the relationship between the parties, adoption of ramulu by papayya and ammakkamma, execution of registered adoption deed but resisted the claim of the plaintiff on various grounds mainly contending ..... presumption when all the other circumstances brought to light go against the plea of composite family." 30. one of the contentions in the grounds of appeal, more particularly at ground 5 is that subbaiah and ramulu constituted as members of composite family and thereby ramulu is entitled to claim half share in the suit schedule property. there is an admission in .....

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Sep 15 2015 (HC)

Vasa Soma Sundara Andal Sampoorja Saraswathi and Others Vs. Konduru Lo ...

Court : Andhra Pradesh

Decided on : Sep-15-2015

..... 2006, as per sec. 6 of the hindu succession act, 1956 [as amended by the parliament, through act 39/2005 w.e.f 09.09.2005] (for short, the act') , the petitioners had become coparceners with their father; that respondents, having divided and separated from late k. gangaraju under the partition deed dt.19. ..... when there is no inconsistency in the facts alleged the party is not prohibited from taking alternative pleas available in law, and that on the same facts, different or alternative reliefs can also be claimed ..... suit till realisation; and (d) future profits and costs. 5. the respondents filed written statement opposing the suit claim. they alleged that, no doubt, there was a partition between their father late k. gangaraju and the respondentsfather under the partition deed dt.19.10.1981, and the plaint aschedule property fell ..... that the amendment of the plaint would neither change the cause of action nor would affect the relief. 24. in sarva shramik sangh (5 supra), the question whether a petitioner in a writ petition can raise inconsistent pleas was considered. the supreme court clarified at para.19 that ..... to plead even inconsistent pleas while seeking alternative reliefs was reiterated by a two judge bench of the supreme court in g. nagamma and another v. siromanamma and another (1996) 2 scc 25). in that case, a suit for specific performance of an agreement of re-conveyance was filed .....

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Oct 30 2015 (HC)

Akula Sangappa Vs. Bandam Siddappa and Another

Court : Andhra Pradesh

Decided on : Oct-30-2015

..... 33 guntas in favour of the vendor of the plaintiff, i.e., kantha rao, who is no other than brother of the 1st defendant. under section 17 of the indian registration act, any document relinquishing a right in immovable property shall be registered. therefore, exhibit a15, which purports to create a title or interest in ..... pw4 and relinquish his rights in respect of the property of ac.1.33 guntas situate in sy.no.334/a2 which he has got by virtue of partition. if really, pw4, who is the vendor of the plaintiff, had got the share of his brother/the 1st defendant by virtue of exhibit a15 ..... entire plaint schedule property whereas the 1st defendant is the owner of the remaining extent having got the said half extent to his share in the family partition. kantha rao has no right to execute sale deeds dated 16.02.1998 and 12.03.1999 in respect of the entire plaint schedule property. ..... rao and the 1st defendant. the 1st defendant, his brother kantha rao and their father basanth rao constituted a hindu joint family. the father had affected partition of the family properties. half extent of sy.no.334 was allotted to the 1st defendant and it is towards northern side and it is described ..... the plaint or written statement. further, in the decision in ram sarup gupta v. bishun narain inter college [air 1987 sc 1242 (1)] the well settled principle that in the absence of pleadings, evidence, if any, produced by the parties cannot be considered is reiterated and it was inter alia held that it is .....

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Nov 16 2015 (HC)

B. Sreenivasulu Vs. B. Kusuma Kumari and Others

Court : Andhra Pradesh

Decided on : Nov-16-2015

..... cases even the documents on the basis of which the suit was filed may be amended either in a suit under section 31 of the specific relief act or in a proper case even by an application under section 152 c.p.c provided it is a case of misdescription and not one of disputed identity. in such ..... of the boundaries and extents, pw.1 admitted in his cross-examination that the entire suit schedule property, which fell to the share of dw.1 under a partition deed, dated 31.10.2007, however willfully excluded the property, which fell to the share of d2 to d4 and filed the present suit with ..... kinds of relief are requested. due diligent efforts are a requirement for a party seeking to use the adjudicatory mechanism to attend an anticipatory relief. an advocate representing some one must engage in due diligence to determine that the representations made are factually accurate and sufficient. the term due diligence is specifically used ..... notice to the defendants and the same was also taken on oath by order of the court dated 10.02.2015 and exhibited 5 documents viz certified copy of registered partition deed dated 31.10.2007, certified copy of two registered sale deeds of 1973 and 1970 respectively, encumbrance certificate for the period ..... o.s.no.36 of 2010 on the file of iv additional district judge, kadapa. the suit filed is for partition of plaint a,b,c,d and e schedule properties into 5 equal shares and allot 1/5th share to each of three plaintiffs and similar 1/5th share to the defendants no .....

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Oct 28 2015 (HC)

Padi Pratap Reddy Vs. The District Collector, Warangal and Others

Court : Andhra Pradesh

Decided on : Oct-28-2015

..... and (iv) the joint survey held by the revenue and forest departments revealed that the assigned land forms part of the protected forest and that under section 2(iii) of the act, no forest land or any portion thereof can be assigned by way of lease or otherwise to any private person or to any authority, ..... of respondent nos.3 to 5, a counter-affidavit has been filed by respondent no.3. the substance of the averments in the counter-affidavit is to the effect that the land ..... view of the guidelines issued by respondent no.1, the petitioner is entitled to continue his possession. that despite the said proceedings, respondent nos.3 to 5 have been interfering with the petitioner's possession of the land in question. no counter-affidavit is filed by respondent nos.1 and 2. on behalf ..... 30 persons came to his land and damaged the standing crop as well as the existing bore-well without prior notice. that as respondent nos.3 to 5 claimed the land to be a part of reserve forest, land survey was held, following which respondent no.1 issued proceedings no.e4/3708/2011, dated ..... damage to the standing crop therein as well as bore-well, as illegal and arbitrary. the petitioner sought for a consequential direction to respondent nos.3 to 5 to grant compensation of rs.6,00,000/- to him. the petitioner averred that his father was a freedom fighter. that having recognized his father's .....

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Nov 27 2015 (HC)

Raisunna Begum and Others Vs. Premsukhai Jain and Others

Court : Andhra Pradesh

Decided on : Nov-27-2015

..... he then was) wherein it was held: under the provisions of the land acquisition act read with the hyderabad municipal corporations act, the corporation has been given power to acquire the land for public purpose by issue of notice under section 4 (1) of the land acquisition act, unless the parties given consent to the acquisition. in this ..... tenant in possession of such property does not arise . ? the view of this division bench is thus contrary to the view in ushodaya publications (supra). 5. it is pertinent to note that the decision in ajit r.jadhav (supra) was specifically overruled by the full bench in ushodaya publications (supra) at ..... raise any objection if the owner of the property had given his consent for taking of the property by the municipal corporation for road widening. 2.5. by order dt.23-03-2003 in w.a.no.453 of 2005 the division bench opined that ushodaya publications (supra) was a decision ..... rendered by a full bench) and that the said decision was contrary to the decision of another division bench of this court in ajit r jadhav v. the municipal corporation of hyderabad and other (w.a.no.795 of 1993 dt.05-08-1993). it was pointed out that the division bench ..... evicted from the rented premises merely on obtaining the consent of a landlord. he placed reliance upon the judgment of this court in ushodaya publications, hyderabad v. commissioner, mch (2003 (1) ald 173) wherein it was held that consent granted to municipal corporation by the owner of premises for taking his .....

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May 01 2015 (HC)

The a.P.State Council of Higher Educati Vs. The Union ofindia, Rep., ...

Court : Andhra Pradesh

Decided on : May-01-2015

..... not exceeding ten years, as per section 5 of act, 2014. therefore, telangana government, having created tsc, cannot now claim territorial jurisdiction exclusively over apsc, which is a specified institution in the tenth schedule under section 75 of act, 2014, without going through the due process mandated under the said act. thus, the words located in that state mentioned in section 75 of act, 2014 means to facilitate the services ..... in existence prior to the appointed day would continue to remain and would stand allocated to the state of andhra pradesh as its property.38. on a fair reading of section 5 of act, 2014, as correctly contended by the learned a.g. for the state of telangana, the state of andhra pradesh is a mere user of the city of hyderabad ..... the state council and operate the bank accounts of the a.p. state council of higher education located in hyderabad.22. after considering the submissions and contentions of both the parties, we feel that it is incumbent upon us to decide the preliminary objection raised by the learned advocate general for the state of andhra pradesh whether the reliefs, being ..... of act, 2014. the institutions listed in the tenth schedule shall continue to provide facilities to the people of other state even after bifurcation of the state on certain terms and conditions as may be agreed between the two states. there is no partition provided in respect of the institutions specified in the tenth schedule except providing service. undisputedly, since the .....

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Oct 30 2015 (HC)

Kosaraju Balaji Vs. The State of Telangana, Represented by its Princip ...

Court : Andhra Pradesh

Decided on : Oct-30-2015

..... andhra pradesh vs. a. murali madhava rao (2009(3) alt 637 (db)), jangana rajendra kumar vs. basava srinivas (2013(1) alt 35). the power of the appellate authority under sub-section (5) of section 5 of the act to entertain an appeal against the order made or decision taken is circumscribed by the law of limitation. while a period of 60 days is prescribed for filing ..... out or not to carry out amendment in the record of rights. proviso to section 5(1) lays down that if the mandal revenue officer decides not to make an amendment in the record of rights, then he shall pass appropriate order only after giving an opportunity of making representation to the person, who gives intimation regarding acquisition of any right referred to ..... in section 4. section 5(3) provides for issue of written notice to all persons whose names are entered in the record of rights and who are ..... registered deed, the respondent relinquished all his rights in the property in favour of the third party. meanwhile, the appellants paid the decretal amount to the third party. the respondent, without disclosing his execution of the release deed in favour of the third party, filed a suit for partition of the property and obtained a preliminary decree. thereafter, he filed an application for a .....

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