APHC010426122011 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CIVIL MISCELLANEOUS SECOND APPEAL NO 59, 73, 77, 80 & 83 OF CIVIL MISCELLANEOUS SECOND APPEAL NO: 65 OF 2011 Between: 1. MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER O/O.VIJAYAWADA. 1. BHAVARIDEVI BHATTAD, W/O.VALLABHA BHATTAD, HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA 2. TARADEVI BHATTAD, W/O.SRI VITTAL PRASAD BHATTAD, HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA 3. PADMADEVI BHATTAD, W/O.SRI SAMPATH HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA 4. NIRMALADEVI BHATTAD, W/O.SRI VENUGOPAL BHATTAD, HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA IA NO: 1 OF 2011(CMSAMP 114 OF 2011 Petition under Section 151 CPC praying in the affidavit filed in support of the petition, the High Court may be pleased suspend the order and decree dated 06.06.2011 in CMA No.70/2008 passed IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI CIVIL MISCELLANEOUS SECOND APPEAL NOS: 65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 CIVIL MISCELLANEOUS SECOND APPEAL NO: 65 OF 2011 MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER A. ...APPELLANT AND BHAVARIDEVI BHATTAD, W/O.VALLABHA BHATTAD, HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA-1. TARADEVI BHATTAD, W/O.SRI VITTAL PRASAD BHATTAD, HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA-1. PADMADEVI BHATTAD, W/O.SRI SAMPATH KUMAR BHATTAD, HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA-1. NIRMALADEVI BHATTAD, W/O.SRI VENUGOPAL BHATTAD, HINDU R/O.POTTI SWAMY STREET, VIJAYAWADA-1. ...RESPONDENT(S): IA NO: 1 OF 2011(CMSAMP 114 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the order and decree dated 06.06.2011 in CMA No.70/2008 passed IN THE HIGH COURT OF ANDHRA PRADESH [3572] THE SIXTEENTH DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI BALAJI MEDAMALLI , 42, 51, 52, 53, 57, , 7 OF 2013 AND 30 OF 2017 CIVIL MISCELLANEOUS SECOND APPEAL NO: 65 OF 2011 MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER ...APPELLANT BHAVARIDEVI BHATTAD, W/O.VALLABHA BHATTAD, HINDU TARADEVI BHATTAD, W/O.SRI VITTAL PRASAD BHATTAD, HINDU KUMAR BHATTAD, NIRMALADEVI BHATTAD, W/O.SRI VENUGOPAL BHATTAD, HINDU ...RESPONDENT(S): that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the order and decree dated 06.06.2011 in CMA No.70/2008 passed 2 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 by Hon'ble III Addl.senior Civil Judge, Vijayawada, pending disposal of the above appeal IA NO: 4 OF 2011(CMSAMP 47733 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent(S): 1. VENKATA SIVA PRASAD K CIVIL MISCELLANEOUS SECOND APPEAL NO: 42/2011 Between: 1. MUNICIPAL CORPORATION,, REP., BY ITS COMMISSIONER VIJAYAWADA ...APPELLANT AND 1. DR V NIRMALA DEVI, Rep., by GPA Holder Gudapati NAgeswara Rao Business R/o. D.No. 64-9-7, Ch.R.K.STreet, Patamatalanka, Vijayawada. ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 86 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment and decree dated 07.06.2011 in CMA.No.57/2009 on the file of the III Additional Senior Civil Judge, Vijayawada Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC 3 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 Counsel for the Respondent: 1. P PRABHAKAR RAO CIVIL MISCELLANEOUS SECOND APPEAL NO: 51/2011 Between: 1. VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA-1, REP. BY ITS COMMISSIONER, VIJAYAWADA -1 ...APPELLANT AND 1. JAYATHILAL JAIN, S/o. Misrimal Jain Property D.No. 11-58-3 Matam Street Vijayawada ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 100 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment and decree dt. 10/06/2011 in CMA.No. 17 of 2009 on the file of the 1st Additional Senior Civil Judge, Vijayawada IA NO: 4 OF 2011(CMSAMP 47464 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. MASTAN VALI SHAIK 2. AMBADIPUDI SATYANARAYANA CIVIL MISCELLANEOUS SECOND APPEAL NO: 52/2011 Between: 1. VIJAYAWADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER O/O.VIJAYAWADA-1. 4 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 ...APPELLANT AND 1. UPPALAPATI KIRAN, W/o.S.S.A.Prasad, Hindu Properties R/o.H.No.29-23-19A, Tadepallivari Street, Suryaraopet, Vijayawada-2. ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 101 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the order and decree dated 10.06.2011 in CMA No.62/2009 pased by Hon'ble I Addl.Senior Civil Judge, Vijayawada, pending disposal of the above CMSA IA NO: 4 OF 2011(CMSAMP 47468 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 53/2011 Between: 1. MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA. ...APPELLANT AND 1. NARRA MOHANA MURALI, W/o. Vijay Kumar, Properties-House Wife, R/o. D.No. 54-18-1-1, Prashanthi Nagar, ITI Road, Vijayawada. ...RESPONDENT 5 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 IA NO: 1 OF 2011(CMSAMP 102 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Jugement and decree dated 9-6-2011 in CMA No. 189 of 2008 on the file of III Additional Senior Civil Judge, Vijayawada and pass IA NO: 4 OF 2011(CMSAMP 47480 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2012(CMSAMP 12297 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 2 OF 2012(CMSAMP 12298 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 3 OF 2012(CMSAMP 12299 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 57/2011 Between: 1. MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER O/O.VIJAYAWADA. ...APPELLANT AND 1. VALLURU VENKATA RAMAKRISHNA, S/o.late Valluru Venkateswara Rao, hindu Business and Properties R/o.D.No.40-24-17/2, Patamata, Vijayawada. 6 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 106 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the order and decree dated 03.06.2011 in CMA No.23/2008 pased by Hon'ble III Addl.Senior Civil Judge, Vijayawada, pending disposal of the above CMSA IA NO: 4 OF 2011(CMSAMP 47601 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. KILARU NITHIN KRISHNA 2. N CHANDRADHAR RAO CIVIL MISCELLANEOUS SECOND APPEAL NO: 59/2011 Between: 1. MUNICIPAL CORPORATION,, REP., BY ITS COMMISSIONER VIJAYAWADA ...APPELLANT AND 1. DR MOHAMMAD ATAVUR REHMAN AND ANOTHER, S/O. LATE ABDUL WAHAB R/O. D.NO. 40-1-140/1, GULAM MOHIDDIN ESTATE VIJAYAWADA 2. DR ASHRAFFINE SYED, W/O. M.A.REHMAN R/O. D.NO. 40-1-140/1, GULAM MOHIDDIN ESTATE, VIJAYAWADA. ...RESPONDENT(S): IA NO: 1 OF 2011(CMSAMP 108 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 7 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 suspend the judgment and decree dated 03.06.2011 in CMA.No.42/2009 on the file of the III Additional Senior Civil Judge, Vijayawada IA NO: 4 OF 2011(CMSAMP 47558 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent(S): 1. SUBHANI S M CIVIL MISCELLANEOUS SECOND APPEAL NO: 73/2011 Between: 1. VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, REP. BY ITS COMMISSIONER, VIJAYAWADA ...APPELLANT AND 1. CHENNUPATI RAJARATNAM, W/o. Late Gopalu Properties D.No. 56- 3-4 Gayathri Nagar, Vijayawada ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 122 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment and decree dt. 02/06/2011 in CMA.No. 126 of 2008 on the file of the III Additional Senior Civil Judge, Vijayawada IA NO: 4 OF 2011(CMSAMP 47567 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC 8 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 Counsel for the Respondent: 1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 77/2011 Between: 1. MUNICIPAL CORPORATION, VIJAYAWADA, REP. BY ITS COMMISSIONER, VIJAYAWADA ...APPELLANT AND 1. S M A KHADAR, S/o. Abdul Haq Business D.No. 12-11-23 Rajarangayyapparao street Vijayawada ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 126 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment and decree dt. 07/06/2011 in CMA.No. 7 of 2008 on the file of the III Additional Senior Civil Judge, Vijayawada IA NO: 4 OF 2011(CMSAMP 47562 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. CH LAXMI CHAYA 2. P RAJASEKHAR 9 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 CIVIL MISCELLANEOUS SECOND APPEAL NO: 80/2011 Between: 1. MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER O/O.VIJAYAWADA. ...APPELLANT AND 1. V RAMESH KUMAR, S/o.late V.Rama Rao, Hindu Business R/o.D.No.11-32-15, Challam Rajuvari Street, Vijayawada. ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 130 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay the order and decree dated 10.06.2011 in CMA No.35/2008 passed by Hon'ble I Addl.Senior Civil Judge, Vijayawada, pending disposal of the above appeal IA NO: 4 OF 2011(CMSAMP 47300 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 83/2011 Between: 1. VIJAYAWADA MUNICIPAL CORP. VIJAYAWADA, REP. BY ITS COMMISSIONER, CORPORATION BUILDINGS VIJAYAWADA. ...APPELLANT AND 10 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 1. MAGANTI SUBRAHMANYAM VIJAYAWADA, S/o Venkateswarlu Hindu, Business R/o D.No. 38-8-17, Asramstreet, Punnammathota Vijayawada. ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 133 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Judgment and decree dt. 10-6-2011 in CMA No. 183 of 2008 on the file of I Additional Senior Civil Judge, Vijayawada and pass IA NO: 4 OF 2011(CMSAMP 48108 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. P R PRASAD 2. C.PANINI SOMAYAJI CIVIL MISCELLANEOUS SECOND APPEAL NO: 7/2013 Between: 1. MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VIJAYAWADA-1. ...APPELLANT AND 1. M/S HOTEL MAMATHA, Rep.by its Managing Partner, K.Ranga Rao, R/o. D.No. 27-14-55, Rajagopachari St., Governorpet, Vijayawada-2. ...RESPONDENT IA NO: 1 OF 2013(CMSAMP 19 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to 11 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 suspend the Judgement and decree dated: 28-01-2013 in CMA NO. 51 of 2011 on the file of Principal Senior Civil Judge, Vijayawada and pass IA NO: 1 OF 2015(CMSAMP 47 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the Documents Viz., a] Paper Publication/notice dated 10.10.2007 caused in Vaartha b] Extract of the Assessment Book and c] statement given by the assessment as Additional Documents and pass IA NO: 2 OF 2015(CMSAMP 22851 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 3 OF 2015(CMSAMP 23779 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2016(CMSAMP 16 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased extend the time granted on dated 28.08.2015 in CMSA No.7/2013 for a further period of 30 days scope of settlement of matter on the file of the Deputy Director, High Court Mediation and Arbitration Centre, Hyderabad IA NO: 2 OF 2016(CMSAMP 62 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased extend the time granted on dated 17.03.2016 in CMSA No.7/2013 for a further period for settlement on the file of Deputy Director, High Court Mediation and Arbitration Centre, Hyderabad Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC Counsel for the Respondent: 1. V S R ANJANEYALU 12 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 CIVIL MISCELLANEOUS SECOND APPEAL NO: 30/2017 Between: 1. VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA ...APPELLANT AND 1. PAMIDIMUKKALA MANOHAR, S/o.Narasimha Rao, Hindu. aged ab.out 43 years, Properties, oR/o.Mary Street, Governorpet, Vijayawada-2 ...RESPONDENT against the judgment and decree dt. 10/09/2014 made in CMA.no. 47 of 2012 on the file of the III Addl. Sr. Civil Judge, Vijayawada IA NO: 1 OF 2017(CMSAMP 53 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 541 days in representing the appeal against the judgment and decree dt. 10/09/2014 in CMA.No. 47 of 2012 on the file of the III Addl. Sr. Civil Judge, Vijayawada IA NO: 2 OF 2017(CMSAMP 54 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 331 days in filing the against the judgment and decree dt. 10/09/2014 in CMA.No. 47 of 2012 on the file of the III Addl. Sr. Civil Judge, Vijayawada IA NO: 3 OF 2017(CMSAMP 55 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Judgement and decree dated: 10-092014 in C.M.A.No. 47 of 2012 on the file of -III Addl. Senior Civil Judge. Vijayawada and pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Appellant: 1. S.V.S.S.SIVARAM SC For VMC 13 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 Counsel for the Respondent: 1. SAI GANGADHAR CHAMARTY 14 RNT,J & BM,J C.M.S.A.Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 & 83 OF 2011, 7 OF 2013 AND 30 OF 2017 The Court made the following: COMMON JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) Sri Goli.G.V.S.Sai, learned counsel representing Sri S.V.S.S.Sivaram, learned Standing Counsel for Vijayawada Municipal Corporation, submitted a letter dated 09.03.2026 to the Registrar (Judicial) of this Court, requesting for listing of the CMSAs, as mentioned therein, stating that due to passage of time, these civil miscellaneous second appeals have become infructuous and there is no subsisting dispute with regard to the payment of such taxes. 2. In view thereof, these civil miscellaneous second appeals have been listed today. 3. Sri Goli.G.V.S.Sai, learned counsel representing Sri S.V.S.S.Sivaram, learned Standing Counsel for Vijayawada Municipal Corporation submits that these civil miscellaneous second appeal Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 and 83 of 2011, 7 of 2013 and 30 of 2017 are to be dismissed as infructuous. 4. Recording the same, the aforesaid civil miscellaneous second appeals are dismissed as infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ____________________ BALAJI MEDAMALLI, J Date: 16.04.2026 MDP