Medisetti Veeraraghavamma V. The Income Tax Officials Cooperative Building Society Ltd,

SA/1346/2007

AI Insights

This case involves a second appeal by Medisetti Veeraraghavamma, Shaik Johni, and Mohammad Bude Begum against a judgment from the Additional District and Sessions Judge (FTC) Vijayawada, which itself was an appeal against a decree from the III Additional Civil Judge, Vijayawada. The appellants were contesting a property-related dispute involving multiple respondents, including the Income Tax Officials Cooperative Building Society Ltd and various individuals associated with it. The High Court of Andhra Pradesh at Amaravati dismissed the appeal due to non-prosecution, as the appellants failed to appear or represent their case despite being notified.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 760076 (HC-ANDHRA_PRADESH)
• Appeal Type: Others
• Pronouncement Date: 15-02-2024
• Assessment Year: misc
• Laws Referred To: Section 100 of C.P.C, Section 39 Rule 1 & 2 & Sec. 151 C.P.C
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: V S R ANJANEYULU
• Assessee Lawyers: T RAVI KUMAR
• Keywords: Non-prosecution; Second appeal; Temporary injunction; Alienating Property
• Section: 151; 39; 100

Judgement Text

"HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR IN THE PRESENT E i THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR SECOND APPEAL NO: 1346 OF 2007 Section 100 of C.P.C aggrieved by the Common Decree and Judgment, dated 23/08/2009 in A.S.No.65/2005 on the file of Additional District and Sessions Judge (FTC) Vijayawada, against Appeal under the Vllth the Decree and Judgment in O.S.No.407/2007 lllrd Additional Civil Judge Vijayawada. Between: 1. Medisetti Veeraraghavamma, W/o Bhaskara Rao Properties Industrial Estate, Auto Nagar, Patamata, Vijayawada-7 2. Shaik Johni, S/o Shaik Razak Saheb, Muslim, aged about 50 years. Auto Nagar, Patamata, Vijayawada-7. 3. Mohammad Bude Begum years. Properties Vijayawada-7. W/o Md. Ansari, Muslim, aged about 47 R/o D.No. 56-10-24, Industrial Estate Road, ...APPELLANTS/APPELLANTS/DEFENDANTS No. 1 to 3 AND The Income Tax Officials Cooperative Building Society Ltd, Rep.by its President K.C.Das, S/o K.Rama Rao, Income Tax Officer, Central Revenue Buildings, Bandar Road, Vijayawada-2. 1. 2. Yalamanchali Koteswara Rao, S/o Venkata Subbaiah , Hindu, aged about 57 years, Income Tax Officer, Guntur. 3. Kaza Durga Rao, S/o Venkata Prasada Rao, aged about 67 years. Retired Income Tax Practitioner, D.No. 27-9-14, Kaza Punnaiah Street, Governorpeta, Vijayawada-2 4. Kavuluri Radha Krishna Murthy [died], 5. Kottu Venkata Subba Rao, S/o Rattaiah, aged about 75 years. Retired Income Tax Inspector D.No. 12-2-800144 Retibouli, Mehdipatnam, Hyderabad. 6. Vasamsetti Suryanarayana, S/o Pothu Raju Working as Executive Engineer, Central Public Works Department, Income Tax Office, Opp: to Saidartha Arts College, Siddhartha Nagar, Vijayawada-1. 7. Kavuluri Subba Lakshmi, W/o Late Radha Krishna Murthy, aged about 70 years. House Wife R/o Moghalrajapuram, Vijayawada-10. 8. Kavuluri Venkata Ramana Murthy, S/o Late Radha Krishna, aged about 45 years, Murthy Bank Employee, Working as Officer Karur Vysya Bank, Divisional Office, Vijayawada. 9. Kavuluri Lakshminarayana, S/o Late Radha Krishna murthy, aged 44 years. Working as Lecturer in B.R.Siddhartha Engineering College, R/o Mogalrajpuram, Vijayawada. Tallapragada Janaki, W/o Venkata Siva Kumar, aged 44 years. House Wife R/o Rajajinagar, Bangalore. Ravuri Vijaya, W/o Nageswara Rao, aged 60 years. Industrial Estate, Auto Nagar, Patamata, Vijayawada-7. 10. 11. 12. Ravuri Nagesh, S/o Nageswara Rao, aged about 35 years Properties Industrial Estate, Auto Nagar, Vijayawada-7. ...RESPONDENTS lA NO: 1 OF ?n7n Petition under Section 39 Rule 1 & 2 & Sec. 151 C.P.C praying that in support of the petition, a temporary injunction restraining alienating the plait schedule property in OS.No. 407/2007 pending SA on the file of the III AddI Senior Civil Judge Court at Vijayawada. in the circumstances stated in the affidavit filed i the High Court may be pleased to grant the Respondents herein from Counsel for the Appellants: SRI. T RAVI KUMAR Counsel for the Respondents No. 1,2,3,5,7 8,9,10: SRI V S R ANJANEYULU Counsel for the Respondents No. 6,11 & 12: The Court made the following: ORDER None appeared IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE DR.V.R.K.KRUPA SAGAR SECOND APPEAL NO: 1346 OF 2007 Between: 1. Medisetti Veeraraghavamma, W/o Bhaskara Rao, aged about 56 years, Properties Industrial Estate, Auto Nagar, Patamata, 2. Shaik John!, S/o Shaik Razak Saheb, Muslim, aged about 54 years. Auto Nagar, Patamata, Vijayawada-7. 3 Mohammad Bude Begum, W/o Md. Ansari, Muslim, aged 47 years. Properties R/o D.No. 56-10-24, Industrial Estate Road, VIJayawada-7. ...appellants/appellants/Defendants 1 to 3 AND The Income Tax Officials Cooperative Building Society Ltd, Rep.by its President K.C.Das, S/o K.Rama Rao, Hindu,, aged about 48 years. Income Tax Officer, Central Revenue Buildings, Bandar Road, Vijayawada-2. Yalamanchali Koteswara Rao, S/o Venkata Subbaiah, Hindu, aged about 57 years. Income Tax Officer, Guntur. Kaza Durga Rao, S/o Venkata Prasada Rao, Hindu, aged about 67 years. Retired Income Tax Practitioner, D.No. 27-9-14, Kaza Punnaiah Street, Governorpeta,Vijayawada-2. Kavuluri Radha Krishna Murthy (died), Kottu Venkata Subba Rao, S/o Rattaiah, Hindu, aged about 75 years. Retired Income Tax Inspector D.No. 12-2-800144 Retibouli, Mehdipatnam, Hyderabad. Vasamsetti Suryanarayana, S/o Pothu Raju, Hindu, aged about 56 years, working as Executive Engineer, Central Public Works Department, Income Tax Office, Opp: to Saidartha Arts College, Siddhartha Nagar,Vijayawada-10. 1. 2. 3. 4. 5. 6. 2 7 Kavuluri Subba Lakshmi, W/o Late Radha Krishna Murthy House Wife, Hindu, aged about 70 years, R/o Moghalrajapuram, Vijayawada-10. 8. Kavuluri Venkata Ramana Murthy, S/o Late Radha Krishna Murthy, Hindu, aged a b o ut 45 years. Bank Employee, Working as Officer Karur Vysya Bank, Divisional Office, Vijayawada. 9 Kavuluri Lakshminarayana, S/o Late Radha Krishna murthy, Hindu, aged about 44 years. Working as Lecturer in B.R.Siddhartha Engineering College, Rio Mogalrajpuram, Vijayawada. 10 Tallapragada Janaki, W/o Venkata Siva Kumar, Hindu, aged about 44 years. House V^ife R/o Rajajinagar, Bangalore. .. .Respondents/Plaintiffs 11 Ravuri Vijaya, W/o Nageswara Rao, Hindu, aged about 60 , Industrial Estate, Auto Nagar, Patamata,Vijayawada-7 12 Ravuri Nagesh, S/o Nageswara Rao, Hindu, aged about 35 years, Properites Industrial Estate, Auto Nagar, Vijayawada-7. ...RESPONDENTS/Appellants/Defendant Nos.4 &5 years The Court made the following Order: of orders dated 7.7.2022, Registry sent Earlier it was By virtue notices to appellants. No representation, listed under the caption ‘for dismissal’. Since there is no dismissed for non representation, this appeal is prosecution. In the result, this appeal suit is prosecution. No order as to costs. dismissed for non- 2. 3 Consequently, miscellaneous petitions if any, stand closed. SD/- K TATA RAO DEPUTY ^GISTRAR //TRUE COPY// SECTiONUFFiCER To. 1. The VII Additional District and Sessions Judge(FTC), Vijayawada, (with records if any) 2. The III Additional Civil Judge, at Vijayawada. 3. One CC to Sri. T Ravi Kumar, Advocate [OPUC] 4. One CC to Sri. VSR Anjaneyalu, Advocate [OPUC] 5. The Section Officer, V.R Section, High Court of A.P. at Amaravati. 6. Three CD Copies vna HIGH COURT DATED:15/02/2024 ORDER SA.No.1346 of 2007 '^Oj^ ^ c- -ov T/^ % M PM Ou\"°o ■^3o •>■>/ v DISMISSING THE SECOND APPEAL FOR NON PROSECUTION "