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east godavari

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interim maintenance =Though a lengthy counter is filed, the appellant never stated about his actual salary received by him and no document is filed to that effect. Therefore, the Court below was of the opinion that though there was no record with regard to the rental income from the house, the appellant herein has not filed any document to prove that he is not drawing a net salary of Rs.75,000/-. Therefore, the Court below has taken into account that the appellant herein has been drawing net salary of Rs.75,000/- per month. However, the Court below granted interim maintenance @Rs.3,500/- only per month to each of the respondents, totaling Rs.10,500/- per month from the date of petition pending disposal of the main OP. Therefore, it cannot be said that the interim maintenance granted by the Court below is exorbitant and excessive. We do not see any infirmity legal or otherwise to interfere with the impugned order.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE MR JUSTICE V.ESWARAIAH & THE HON’BLE MR JUSTICE VILAS V. AFZULPURKAR F.C.A.No.145 of 2011 Between: Bathula Naga Veerabhadra Ganga Rajesh ….. APPELLANT AND Bathula Vijaya Durga Bhavani and 2 others …..RESPONDENTS The … Continue reading

agency area and agency courts= the suits are to be instituted before the specialized authorities in agency areas, the procedure for adjudication of those suits is similar to the suits filed under C.P.C. Issues are required to be framed, based upon the pleadings, the parties are permitted to adduce evidence and the concerned authority discharging the functions of the Court can render its judgment. In the instant case, the appellants herein presented a plaint claiming the relief of perpetual injunction. The respondents on their part filed a written statement. The Agent to Government ought to have framed an issue and then permitted the parties to adduce evidence. Instead, a report was called for from the Tahsildar. Such a course is totally impermissible in law. To certain extent, the appellants had also contributed for the improper disposal of the appeal. Based upon the report submitted by the Tahsildar, the appellants have amended the plaint schedule. Taking these developments into account, the Agent to Government dismissed the suit, leaving it open to the appellants to pursue the further remedies. The procedure adopted by the Agent to Government was not at all correct. He ought to have permitted the parties to adduce evidence and then decide the matter on merits. There was absolutely no justification to dispose of the suit without recording any evidence. On this short ground, the A.S. is allowed and the order under appeal is set aside. The matter is remanded to the Agent to Government, Kakinada for fresh consideration and disposal on merits, after recording evidence.

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY   A.S.No.1014 of 2010   JUDGMENT:   The parties hail from a scheduled area in East Godavari District.  The appellants filed O.S.No.10 of 2008 before the Agent to Government, East Godavari District at Kakinada against the respondents for the relief of perpetual injunction in respect of land admeasuring Ac.4.00 in … Continue reading

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