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2008 Supreme(SC) 109

H.K.SEMA, LOKESHWAR SINGH PANTA
NAGARJUNA GRAMMENA BANK – Appellant
Versus
MEDI NARAYANA – Respondent


ORDER :

1. These appeals have been filed by the decree-holders. In the midst of hearing of these appeals, a peculiar problem has been brought to our notice by the learned counsel appearing for the parties that under the Andhra Pradesh Civil Courts Act, 1972 (hereinafter for short “Act 19 of 1972”) a notification has been issued by the Governor in exercise of powers under sub-section (3) of Section 1 of Act 19 of 1972 by which the jurisdiction of the Civil Courts has come into force in the whole State of Andhra Pradesh except in the Scheduled Areas of the State.

2. It is contended by Mr P.S. Narasimha, learned counsel appearing for the appellant(s) that even before coming into force of the Act, the Civil Courts had been established in the Scheduled Areas and they have been functioning since 1950. The appellant(s) decree-holders obtained a decree from the Civil Court in the Scheduled Areas, however, since the operation of Act 19 of 1972 is excluded from the Scheduled Areas of the State, they are unable to execute the decree. The High Court, in its impugned judgment Meda Narayana v. Nagarjuna Grameena Bank, CRP No. 2888 of 1998, order dated 27-6-2000 (AP) held that as the Act itself is





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