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2015 DAILYLAW 988 (AP)

Ch. Venkata Subrahmanya Babu v. The Municipal Corporation of Vijayawada,

CMSA/45/2015 · 2026-04-15

Balaji Medamalli, Ravi Nath Tilhari

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Judgment text

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APHC010365612015 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CIVIL MISCELLANEOUS SECOND APPEAL NOS: 43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 CIVIL MISCELLANEOUS SECOND APPEAL NO: 43 OF 2015 Between: 1. SEETHEPALLI RAVI KUMAR, S/O. KUTUMAIAH D.NO. 40 KRISHNA NAGAR, LABHIPET, VIJAYAWADA 1. THE MUNICIPAL CORPORATION OF VIJAYAWADA, Rep. by is Commissioner, Jawaharlal Nehru buildings, Vijayawada of the appellant for service is that of his counsel S.Sriramachandra Murthy, Advocate, High court, Buildings, Hyderabad. to set aside the Judgment and decree of the Ist Addl. Senior Civil Judge, in CMA No. 142/2012 dt. 24 IA NO: 1 OF 2015(CMSAMP 92 OF 2015 Petition under Section 151 CPC p in the affidavit filed in support of the petition, the High Court may be pleased to order stay of all further proceedings including insistence by the respondent to pay tax at the enhanced rate, pursuant to the Judgm NO. 142 of 2012 dt. 24-6 Vijayawada and pass 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: 43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 CIVIL MISCELLANEOUS SECOND APPEAL NO: 43 OF 2015 SEETHEPALLI RAVI KUMAR, S/O. KUTUMAIAH D.NO. 40 KRISHNA NAGAR, LABHIPET, VIJAYAWADA-10 ...APPELLANT AND THE MUNICIPAL CORPORATION OF VIJAYAWADA, Rep. by is Commissioner, Jawaharlal Nehru buildings, Vijayawada-1, The address of the appellant for service is that of his counsel S.Sriramachandra Murthy, Advocate, High court, Buildings, Hyderabad. ...RESPONDENT to set aside the Judgment and decree of the Ist Addl. Senior Civil Judge, in CMA No. 142/2012 dt. 24-6-2015 and pass IA NO: 1 OF 2015(CMSAMP 92 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 order stay of all further proceedings including insistence by the respondent to pay tax at the enhanced rate, pursuant to the Judgment and decree in CMA 6-2015 on the file of the Ist Addl. Senior Civil Judge at IN THE HIGH COURT OF ANDHRA PRADESH [3572] THURSDAY,THE SIXTEENTH DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI BALAJI MEDAMALLI CIVIL MISCELLANEOUS SECOND APPEAL NOS: 43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 CIVIL MISCELLANEOUS SECOND APPEAL NO: 43 OF 2015 SEETHEPALLI RAVI KUMAR, S/O. KUTUMAIAH D.NO. 40-4-12, ...APPELLANT THE MUNICIPAL CORPORATION OF VIJAYAWADA, Rep. by is 1, The address of the appellant for service is that of his counsel S.Sriramachandra ...RESPONDENT to set aside the Judgment and decree of the Ist Addl. Senior Civil Judge, raying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order stay of all further proceedings including insistence by the respondent to ent and decree in CMA 2015 on the file of the Ist Addl. Senior Civil Judge at 2 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 IA NO: 2 OF 2015(CMSAMP 131 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 post CMSA No.43/2015 under the caption "For Being Mentioned" forthwith Counsel for the Appellant: 1. S SREERAMACHANDRA MURTHY Counsel for the Respondent: 1. S.V.S.S.SIVARAM SC For VMC CIVIL MISCELLANEOUS SECOND APPEAL NO: 45/2015 Between: 1. CH. VENKATA SUBRAHMANYA BABU, S/O. VENKATESWARULU, RETIRED EMPLOYEE R/O. 60-27-17, H.NO. 50, SBI COLONY-VIJ-10., ...APPELLANT AND 1. THE MUNICIPAL CORPORATION OF VIJAYAWADA, rep.by its Commissioner ,Jawaharlal Nehru buildings,Vijayawada-1...Respondent. [J,f)), The address of the appellant for service is that of his counsel S.Sriramachandra Murthy,Advocate,I-ligh court buildings ,Hyderabad. The address of the respondent is as stated above. The appellant begs to present the following grounds of appeal aggrieved by the decree and ...RESPONDENT to set aside the judgment and decree of the ist addl. Senior Civil Judge, in CMA No. 152 of 2011 dt. 24-6-2015 and pass IA NO: 1 OF 2015(CMSAMP 94 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 order stay of all further proceedings including insistence by the respondent to pay tax at the enhanced rate pursuant to the Judgmednt and decree in CMA No 152 of 2011 dt. 24-6-2015 on the file of the Ist Addl. Senior Civil Judge, at Vijayawada and pass 3 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 IA NO: 2 OF 2015(CMSAMP 130 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 post CMSA No.45/2015 under the caption "For Being Mentioned" forthwith IA NO: 1 OF 2016(CMSAMP 100 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 Praying to this Hon'ble Court in CMSA No.45/2015 since Mediation could not conduct on 17.09.2016 at Vijaywada on behalf of respondent Revenue Inspector seeking further extension of time for hearing of the case Counsel for the Appellant: 1. S SREERAMACHANDRA MURTHY Counsel for the Respondent: 1. S.V.S.S.SIVARAM SC For VMC CIVIL MISCELLANEOUS SECOND APPEAL NO: 20/2021 Between: 1. SEETHEPALLI RAVI KUMAR, S/O KUTUMAIAH,AGED 53YRS, D.NO. 40-4-12,KRISHNA NAGAR,LABHIPET,VIJ AYAWADA-10... ...APPELLANT AND 1. THE MUNICIPAL CORPORATION, of Vijayawada,rep.by its Commissioner ,Jawaharlal Nehru buildings,Vijayawada-1 ...RESPONDENT pleased to set aside the judgment and decree of the 2 nd addl.senior civil judge in CMA 12/2012 dt 15-02-2018 and pass IA NO: 1 OF 2021 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 pleased to condone the delay of 8 days in preferring the CMSA /2019 against 4 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 the order of the II nd Addl .senior civil judge at Vijayawada in CMSA 12/2012 dt 15-02-2018 IA NO: 2 OF 2021 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 pleased to condone the delay of 618 days in representation of CMSA /2018 against CMA 12/2012 IA NO: 3 OF 2021 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 pleased to order stay of all further proceedings pursuant to the integrated demand notices dt 3-07-2019 of the respondent in respect of the assessment nos 1073108852 and also the notice dt 26-06-2021 and pass Counsel for the Appellant: 1. S SREERAMACHANDRA MURTHY Counsel for the Respondent: 1. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) CIVIL MISCELLANEOUS SECOND APPEAL NO: 52/2015 Between: 1. K.V.SUBBAIAH CHOWDARY (DIED), - 2. K.J.N PRASAD, S/O LATE VENKATA SUBBAIAH CHOWDARY, R/O D NO.29-28-3, DASARIVARI STREET, SURYARAOPET, VIJAYAWADA. ...APPELLANT(S) AND 1. THE VIJAYAWADA MUNICIPAL CORPORATION, Rep by its Commissioner Vijayawada. ...RESPONDENT aggrieveved by the order and decree dt.24.06.2015 passed in CMA No.296 of 2012 by the I Addl Senior Civil Judge, Vijayawada 5 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 IA NO: 1 OF 2015(CMSAMP 100 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 grant stay of all further proceedings in respect of The old Assessment No.19275 and New Assessment No.177874 enhancing the property tax from Rs.27,994/- to Rs.44,006/- per half year, pending final disposal of the CMSA Counsel for the Appellant(S): 1. V S R ANJANEYALU Counsel for the Respondent: 1. G JHANSI 2. S.V.S.S.SIVARAM SC For VMC CIVIL MISCELLANEOUS SECOND APPEAL NO: 53/2015 Between: 1. K.J.N. PRASAD, S/O. LATE VENKATA SUBBAIAH CHOWDARY R/O. D.NO. 29-28-3, DASARIVARI STREET, SURYARAOPET, VIJAYAWADA. ...APPELLANT AND 1. THE VIJAYAWADA MUNICIPAL CORPORATION, Rep. by its Commissioner, Vijayawada. ...RESPONDENT aggrieved by the order and decree dated 24-6-2015 passed in CMA No. 73 of 2012 by the learned I Additional Senior Civil Judge, Vijayawada IA NO: 1 OF 2015(CMSAMP 101 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 grant stay of all further proceedings in respect of the old Assessment No. 19276A and New Assessment No. 177876 enhancing the tax from Rs. 26,416/- to Rs. 35,095/- per half year, pending final disposalof the CMSA and pass 6 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 Counsel for the Appellant: 1. V S R ANJANEYALU Counsel for the Respondent: 1. G JHANSI 2. S.V.S.S.SIVARAM SC For VMC CIVIL MISCELLANEOUS SECOND APPEAL NO: 10/2018 Between: 1. K .J.N. PRASAD FAMILY TRUST, REP. BY ITS TRUSTEE K.J.N. PRASAD, S/O. LATE VENKATA SUBBAIAH CHOWDARY, AGED ABOUT 75 YEARS,D.NO. 27-8-1A, MASJID STREET, GOVERNORPET,VIJAYAWADA ...APPELLANT AND 1. THE MUNICIPAL CORPORATION, Vijayawada,rep, by its Comminssioner, Vijayawada. ...RESPONDENT To Present this Memorandum of Civil Miscellaneous Second Appeal being aggrieved by the order and decree dated 17.11-2017 pased in C.M.A.No. 83 of 2012 by the learned II Additional Senior Civil Judge, Vijayawada Impuging the endorsement dated 29.09.2011 issued by the respondent, enhancing the property tax relating to the assessment No.19276A, for the following IA NO: 1 OF 2018 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 grant stay of all further proceedings in respect of the Assessment No.19276A of Vijayawada Muncipal Corporation, Pending disposal of the CMSA and pass Counsel for the Appellant: 1. V S R ANJANEYALU 7 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 Counsel for the Respondent: 1. S.V.S.S.SIVARAM SC For VMC CIVIL MISCELLANEOUS SECOND APPEAL NO: 28/2018 Between: 1. MALLADI GOVINDARAM, S/O.LATE KRISHNAIAH, HINDU, R/O.D/NO.40-1/1-14G, 401, JMD ELITE, SIVANANDA STREET, LABBIPET, VIJAYAWADA ...APPELLANT AND 1. THE VIJAYAWADA MUNICIPAL CORPORATION, rep by its Commissioner, vijayawada ...RESPONDENT to set aside the judgement and decree of the II Additional Senior civil Judge in CMA 169 of 2011 dated 01.11.2017 and pass IA NO: 1 OF 2018 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 order stay of all further proceedings including insistence by the respondent to pay tax at the enhanced rate, pursuant to the judgement and decree in CMA 169 of 2011 dated 01.11.2017 on the file of the II Additional Senior Civil Judge, at Vijayawada and pass IA NO: 2 OF 2018 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 SREERAMACHANDRA MURTHY Counsel for the Respondent: 1. S.V.S.S.SIVARAM SC For VMC 8 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 The Court made the following: JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari) Civil Miscellaneous Second Appeal No.43 of 2015 has been filed by the appellant, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.142 of 2012 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the demand order served on 06.12.2012. 2. Civil Miscellaneous Second Appeal No.45 of 2015 has been filed by the appellant, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.152 of 2011 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 20.10.2011. 3. Civil Miscellaneous Second Appeal No.20 of 2021 has been filed by the appellant, being aggrieved from the dismissal order 15.02.2018 passed in C.M.A.No.12 of 2012 on the file of II Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 30.09.2011. 4. Civil Miscellaneous Second Appeal No.52 of 2015 has been filed by the appellants, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.29 of 2012 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 27.01.2012. 5. Civil Miscellaneous Second Appeal No.53 of 2015 has been filed by the appellant, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.73 of 2012 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 13.10.2011. 9 RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018 6. Civil Miscellaneous Second Appeal No.10 of 2018 has been filed by the appellant, being aggrieved from the dismissal order 17.11.2017 passed in C.M.A.No.83 of 2012 on the file of II Additional Senior Civil Judge at Vijayawada, filed against the endorsement (Revision Order) dated 29.09.2011 served on 24.10.2011. 7. Civil Miscellaneous Second Appeal No.28 of 2018 has been filed by the appellant, being aggrieved from the dismissal order 01.11.2017 passed in C.M.A.No.169 of 2011 on the file of II Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 21.10.2011. 8. There is no representation for the appellants in these old Civil Miscellaneous Second Appeals of the years 2015, 2018 and 2021. 9. These Civil Miscellaneous Second Appeals are dismissed “for want of prosecution”. 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