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2025 DAILYLAW 9463 (AP)

THE SUPERINTENDING ENGINEER, I & CAD., NANDYAL v. M/S.B/V/SUBBA REDDY CONSTRUCTIONS

CMA/1580/2008 · 2025-07-07

R Raghunandan Rao, Sumathi Jagadam

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Judgment text

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I V APHC010615612008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM CIVIL MISCELLANEOUS APPEAL Nos.1579.1580.1581 &1585 OF 2008 % CIVIL MISCELLANEOUS APPEAL NO: 1579 OF 2008 Appeal under Section 37 of Arbitration and Conciliation Act, 1996, aggrieved by the judgment and decree dated 10.04.2008 in A.O.P No.1 of 2005 on the file of the III Additional District Judge, Kurnool at Nandyal. Between: The A.P, State represented by the Superintending Engineer, I & CAD., SRBC Circle No.1, Sri K.ViJaya Ramaraju, S/o.late Venkata Raju, S.E, SRBC., Circle No.1, Aged about 60 Years,. Nandyal, Kurnool District. . >■ ...Appellant/Petitioner AND M/s B V Subba Reddy Constructions, 5-8-51/1, Pathesulthan Lane Nampally, Hyderabad ...Respondent/ Respondent lA NO: 2 OF 2008(CMAMP2891 OF 2008 Petition under Section 151 pPC 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 pursuant to the Award dated 15.01.2005 * • as confirmed in AOP.No. 1/2005 dated 10.04.2008 on the file of the III Additional District Judge, Nandyal, Kurnool District including execution proceedings in EP.No. 5/2008 on its file pending disposal of the appeal APHC010104552008 CIVIL MISCELLANEOUS APPEAL NO: 1580 OF 2008 Appeal under Section 37 of Arbitration and Conciliation Act, 1996 aggrieved by the judgment and decree dated 10.04.2008 in A.O.P No.3 of 2005 on the file of the III Additional District Judge, Kurnool at Nandyal. Between: The A.P State, rep by Superintending Engineer, I & CAD, SRBC Circle No.1(Sri K.Vijaya Ramaraju, S/o.late Venkata Raju, SE, SRBC Circle No.1, 60 Years) Nandyal, Kurnool District. ...Appellant(Petitioner) AND M/s B.V.Subba Reddy Constructions, 5-8-51/1, Pathesulthan Lane Nampally, Hyderabad ...Respondent(Respondent) lA NO: 2 OF 2008(CMAMP 2892 OF 2008 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 pursuant to the Award dated 15.1.2005 as confirmed in A.O.P.No. 3/2005 dated 10.4.2008 on the file of III Addl. District Judge, Nandyal, Kurnool District including Execution Proceedings in E.P.No. 7/2008 on its file, pending disposal of the appeal. ■■ y . A APHC010612452008 CIVIL MISCELLANEOUS APPEAL NO: 1581 OF 2008 Wi [i] Appeal under Section 37 of Arbitration and Conciliation Act, aggrieved by the judgment and decree dated 10.04.2008 in A.O.P No.1 of 2007 on the file of the III Additional District Judge, Kurnool at Nandyal. Between; The A.P State, rep by Superintending Engineer, I & CAD, SRBC Circle No.1 (Sri K.Vijaya Ramaraju, S/o.late Venkata Raju, SE, SRBC Circle No.1, 60 Years) Nandyal, Kurnool District. 1996 I I i M:V ...Appellant/Petitioner AND M/s B V Subba Reddy Constructions, 5-8-51/1, Pathesulthan Lane, Nampally, Hyderabad. .I ...Respondent/ Respondent [A NO: 2 OF 2008rCMAMP 2893 OF 2008 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 grant stay for all further proceedings pursuant to award dated 15.04.2006 confirmed in AOP No.1/2007 on the file of the III Addl. District Judge, Nandyal, Kurnool District including the execution proceedings in EP No.8/20085 on its file, pending disposal of the above appeal as f APHC010613932008 CIVIL MISCELLANEOUS APPEAL NO: 1585 OF 2008 Appeal under Section 37 of Arbitration and Conciliation Act, 1996 aggrieved by the judgment and decree dated 10.04.2008 in A.O.P No.2 of 2005 on the file of the III Additional District Judge 'A Kurnool at Nandyal. Between: The A.P State, rep by Superintending Engineer, I & CAD, SRBC Circle No. 1 (Sri K.Vijaya Ramaraju, S/o.late Venkata Raju, SE, SRBC Circle No.1, 60 Years) Nandyal, Kurnool District. ...Appellant/Petitioner AND M/S B V Subba Reddy Constructions Nampally, Hyderabad- 500 001. 5-8-51/1, Pathesulthan Lane, ...Respondent{Respondent) lA NO: 2 OF 2008(CMAMP 2898 OF 2QQ«) 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 for all further proceedings pursuant to award confirmed in AOP.No. 2/2005 dated 15.01.2005 as 5- on the file of the III Additional District Judge, I proceedings in EP.No. Nandyal, Kurnool District including the Execution 6/2008 on its file, pending disposal of the above appeal. I ti ' i \ Counsel for the Petitioner i Government Pleader Counsel for the Respondent : The Court made the following Order: m all the above appeals : The Assistant appearing for The Advocate General Sri Krishna Mohan Sikharam ■f’i ,y 's;'- ■ l i I APHC010615612008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3541] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM CIVIL MISCELLANEOUS APPEAL Nos.1579. 1580. 1581 & 1585 of 2008 CIVIL MISCELLANEOUS APPEAL NO: 1579/9nn« RAO Between: 1.THE SUPERINTENDING ENGINEER, I & CAD., NANDYAL, REP BY SUPERINTENDING ENGINEER, I & CAD SRI K.VIJAYA RAMARAJU S/O.LATE VENKATA RAJU, 60 YEARS, SE O/O.SRBC CIRCLE-l’ NANDYAL, KURNOOL DISTRICT. ...APPELLANT AND 1.M/S B V SUBBA REDDY CONSTRUCTIONS Lane, Nampally, Hyderabad 5-8-51/1, Pathesulthan ...RESPONDENT Appeal Under Section against orders lA NO: 2 OF 2008(CA/IAMP 2891 OF 2QQR 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 pursuant to the Award dated as confirmed in AOP.No. 1/2005 dated 10.04.2008 Additional District Judge, Nandyal, Kurnool proceedings in EP.No. 5/2008 15.01.2005 on the file of the III District including execution on its file pending disposal of the appeal * 2 RRR,J & JS,J C.M.A.Nos.1579 of2008 & batch Counsel for the Appellant: 1 .THE ADVOCATE GENERAL (AP) Counsel for the Respondent: 1. KRISHNA MOHAN SIKHARAM RRR,J & JS,J C.M.A.Nos.1579 of 2008 & batch The Court made the following Common Judgment: (perHon’ble Sri Justice R. Raghunandan Rao) The learned Assistant Government Pleader, in the office of the learned Advocate General, appearing for the appellant, submits that, the issues raised in the present set of Appeals, have been settled and produced a Letter bearing Letter No.SE/SRBC.l/NDL/TW/ATO.1/W/15(A), dated 03.07.2025 and G.O.Ms.No.3, dated 18.01.2011. He also submits that, in view of the matter, the present Civil 2. Miscellaneous Appeals can be closed. Accordingly, these Civil Miscellaneous Appeals are closed. There shall 3. be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The III Additional District Judge, Nandyal, Kurnool District (with records if any) 2. Two CCs to the Advocate General, High Court Buildings at Amaravathi [OUT] 3. One CC to Sri. Krishna Mohan Sikharam Advocate [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh at Amaravathi 5. Two CD Copies Stu HIGH COURT DATED:08/07/2025 L° 12 AUG 2025 X SjW ^ . Current Section ^ COMMON JUDGMENT CMA Nos. 1579,1580,1581 & 1585 OF 2008 CLOSING THE CIVIL MISCELLANEOUS APPEALS WITHOUT COSTS