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S.B.SINHA, MOTILAL B.NAIK, BILAL NAZKI, B.SUDERSHAN REDDY, GODA RAGHURAM
State of Andhra Pradesh – Appellant
Versus
Bondapalli Sanyasi – Respondent


JUDGMENT :

BILAL NAZKI, J.:— A decree was passed in OS. No. 90 of 1981 declaring that plaintiffs are entitled to possession and enjoyment of the suit land until evicted by due process of law. The Government was also ordered to pay Rs. 47,786/- towards damages for use and occupation of suit land for three years, and Rs. 15,562/- towards subsequent damages. The plaintiff as well as defendant both filed appeals in this Court. The plaintiff's appeal was numbered as A.S. No. 2541 of 1986 and the appeal filed by the State was numbered as A.S. No. 697 of 1985. Unfortunately only the appeal No. 2541 of 1986 was listed before a Division Bench of this Court and it was not pointed out to the Division Bench by either of the parties that another appeal challenging the same judgment has been filed by the State and was pending in the Court. The Division Bench delivered the judgment on 17-7-1996. It allowed the appeal and granted compensation of Rs. 2,700/- per acre with interest @ 4%. Thereafter the appeal No. 697 of 1985 was listed before the learned single Judge of this Court on 10-6-1999. The learned single Judge found that the Division Bench had not been informed about the Full Bench judgment

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