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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE VENKATESWARLU NIMMAGADDA, J
Associated Auto Services – Appellant
Versus
Medisetty Venkata Subba Rao – Respondent
ORDER :
The Petitioners herein are defendants 1 and 2 in the suit and Respondents 1 and 2 herein are Plaintiffs in the suit and in this Revision Petition the parties are referred as referred in the original suit. Respondent Nos.3 to 10 herein are the Defendant Nos.3 to 10 against which no relief was claimed by the Plaintiffs. More over, the suit against Defendant Nos.3 to 9 is dismissed as not pressed by the Plaintiffs by order dated 27.08.2010.
2. The suit was filed in the year 2010 for recovery of possession and recovery of rent for the period from March, 2008 to July, 2009. The said suit was decreed in the year 2013 against which first appeal was preferred by the Defendants vide A.S.No.53/2013 on the file of learned VIII Additional District Judge-cum-Family Court, Ongole. Wherein, the Appellate Court allowed the appeal and set aside the judgment of the trial Court and dismissed the suit by judgment dated 12.09.2013, against which Second Appeal No:1203 of 2013 was preferred by the Plaintiffs, in which this Hon’ble Court allowed the Second Appeal by setting aside the judgment dated 12.09.2013 passed by the Appellate Court i.e., learned Family Court-cum-VIII Additional District Judge
The court upheld the trial court's dismissal of defendants' applications to reopen evidence, emphasizing compliance with higher court directives and the need for timely resolution of cases.
A decree based on admissions under Order 12 Rule 6 CPC can only be granted where admissions are clear and unequivocal; contentious issues of title and possession necessitate thorough evidence and fra....
Courts must consider prior decrees and possible bars before allowing a suit, especially for indigent status.
The judgment emphasized the importance of balancing the rights of the parties, exercising discretion, and ensuring substantial justice. It highlighted the limited jurisdiction of the court under Arti....
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