Sri A.vara Prasada Rao

1 Fair Judgment in OS.158/2009

IN THE COURT OF VII ADDITIONAL DISTRICT JUDGE-CUM-

SESSIONS JUDGE, VISAKHAPATNAM.

PRESENT: A.Vara Prasada Rao, VI Addl. District Judge, Visakhapatnam FAC VII Addl. District Judge, Visakhapatnam

Friday, the 21st day of April, 2017

O.S.No.158/2009

Between: M/s Ushodaya Enterprises Private Limited, incorporated under the Provisions of Companies Act, 1956 having its registered office at Eenandu Complex, Somajiguda, Hyderabad 500 082, rep. by Sri Duddupudi Chandra Sekhar Rao, Junior Executive, Accounts, M/s Ushodaya Enterprises Private Limited, Eenadu Compound, Seethammadhara, Visakhapatnam R/a D.No.55-14-37, APSEB Colony, Seethammadhara, Visakhapatnam – 530 013.

... Plaintiff

And:

1.M/s Keertikaar Advertisers, rep. by its sole Proprietrix Smt. Parvataneni Padmaja, W/o Sri Shyam Prasad, G-4, Classic Complex, Prakasaraopet, Dabagardens.

2.Smt. Parvataneni Padmaja, W/o Sri Shyam Prasad, G-4, Classic Complex, Prakasaraopet, Dabagardens, Visakhapatnam – 530 020

... Defendants

This suit coming on 19.04.2017 for hearing before me in the presence of Sri. K.V.Rama Murthy, Advocate for the plaintiff and 1st defendant remained exparted and Sri D.Suresh Kumar, Advocate for the 2nd defendant and having stood over for consideration till this day, this court made the following :

J U D G M E N T

The plaintiff filed the suit for recovery of a sum of

Rs.34,07,097/- with costs and interest.

2.The brief facts in the plaint are as follows: The plaintiff is printer and published of the largest circulated Telugu Daily Newspaper Eenadu, which is being simultaneously published from 23 centres. 1st defendant is a

Proprietory business concern of the 2nd defendant, carrying on business of an advertising agency. 2nd defendant is proprietrix of the 1st defendant 2 Fair Judgment in OS.158/2009 business concern. 1st defendant has been carrying on business with plaintiff by issuing advertisements under mutually agreed terms and conditions. 1st defendant enjoyed a credit period of 30 days with plaintiff with a billing cycle of 10 days from the receipt of the same. Plaintiff raises a bill/invoice once in 10 days and the defendant shall pay it within 30 days. 1st defendant has been issuing advertisement to the plaintiff for publication in Eenadu Telugu Daily Newspaper. The credit period from 32nd day of invoice attracts interest. The defendants have been enjoying agency commission @ 15%. 2nd defendant issued three cheques upon repeated demands vide cheque bearing Nos.250915, 250916 & 250917

dated 19.02.2008, 22.02.2008 & 05.03.2008 for Rs.4,07,182/-;

Rs.4,82,426 & Rs.2,15,908/- respectively drawn on Karnataka Bank

Limited, Visakhapatnam issued in favour of the plaintiff towards part- payment of defendants liability. All the cheques were returned with endorsement “Funds Insufficient” after they were deposited in Union Bank of India, MVP Colony Branch, Visakhapatnam of plaintiff. 2nd defendant assured plaintiff that they would pay amount covered by dishonoured cheques immediately, but it was falsely represented to evade prosecution under Section 138 of Negotiable Instruments Act. 2nd defendant sent a letter to Manager, Karnataka Bank that 90 cheque leaves were taken out and one of their employees had misappropriated them and some cheques were forged. Contents of said letter was patently false and it was issued with an intention to cheat the plaintiff and to avoid defendant liability to the plaintiff. A notice was issued by the plaintiff dated 29.05.2008 by registered post with acknowledgment due but it was returned with an endorsement “intimation served” on 31.05.2008. 1st defendant issued reply notice dated 13.06.2008 with false allegations. The defendants were 3 Fair Judgment in OS.158/2009 liable to pay Rs.27,72,252/- for the period from 01.04.2007 to 31.03.2008 towards advertisement published in Eennadu Telugu Daily Newspaper. A notice was also issued on 28.04.2009 to the defendant to pay said amount with interest. But, it was unserved with an endorsement “not claimed returned to the sender”. Hence, this suit.

3.1stdefendant was called absent and since there was no representation for 1st defendant, 1st defendant was set exparte.

4(a). 2nd defendant filed written statement., though admitting 1st defendant as proprietory business concern and 2nd defendant carrying on business of advertising agency. But, denied several material facts in the plaint. The description of the plaintiff is vague and the suit as framed is not maintainable and it is liable for dismissal. 1st defendant agency was started in the name of the 2nd defendant by her husband. One

G.Adinarayana Murthy, employee of 1st defendant was looking after business transactions. 2nd defendant's husband could not devote sufficient time in respect of 1st defendant's business and since 2nd defendant is only a home maker and was not well educated, G.Adinarayana Murthy alone was dealing with the business transactions of the 1st defendant.

4 (b). 2nd defendant admitted business transactions carried-out by 1st defendant concern with plaintiff Company on commission basis. 2nd defendant also admitted 1st defendant concern sending advertisements for publication in plaintiff's Telugu Daily Newspaper and plaintiff after making said publications in its newspaper used to send invoice to 1st defendant and in turn 1st defendant concern used to clear off the accounts by making payments by taking their commission, that there were no complaints by plaintiff up to July 2007. 2nd defendant totally relied upon G. Adinarayana

Murthy regarding business management of 1st defendant's concern. 1st 4 Fair Judgment in OS.158/2009 defendant's business as a whole was transferred under Memorandum Of

Understanding(MOU) in favour of G.Adinarayana Murthy and he agreed to pay Rs.20,000/- per month as Royalty to 2nd defendant and he agreed to take further responsibilities ie., ownership of asserts and liabilities of 1st defendant's concern. A deed of transfer of ownership, activities, duties and responsibilities was entered on 14.11.2007. 2nd defendant has no liability or responsibility to pay amounts if any due by 1st defendant to anyone, much less to the plaintiff. There was no agreement to pay interest by 1st defendant to plaintiff. G.Adinarayana Murthy used to interact with

Subba Rao and Srikanth of Plaintiff Company. Transfer deed dated 14.11.2007 was brought to the notice of the plaintiff. That some scam might had occured in 1st defendant concern. The plaintiff instead of making enquiries in its office, dragged innocent 2nd defendant to Court.

The plaintiff has to prove that 1st defendant concern fell into arrears for non-payment of advertising charges to plaintiff. 2nd defendant denied the plaint averments in paragraph III (e) regarding issuance of cheques, return of cheques as “Funds Insufficient”, issuance of notice, reply notice etc. A complaint was submitted by 2nd defendant to Commissioner of

Police, Visakhapatnam and SHO, II Town Police Station, Visakhapatnam and it was registered under Crime No.477/2009 on 16.11.2009 under

Section 465 of IPC against G.Adinarayana Murthy. G.Adinarayana Murthy in his letter dated 10.05.2008 admitted that he committed certain lapses and 2nd defendant was not liable. 2nd defendant is not liable to pay

Rs.27,72,252/-. The suit is bad for non-joinder of G.Adinarayana Murthy.

There is no privity of contract to pay interest. That the suit is liable for dismissal.

5 Fair Judgment in OS.158/2009

4.Based on the above pleadings, the following issues were settled.

1. Whether the plaintiff is entitled to recover a sum of Rs.34,07,097/- form the defendant?

2. Whether the plaintiff is entitled to recover interest @ 18% p.a., for sum of Rs.27,72,252/-?

3. To what relief?

5.During evidence the plaintiff got examined himself as PW.1 and exhibited Ex.A.1 to A.350. The defendants did not adduce any oral or documentary evidence. Hence, the defendant's evidence was closed.

6.Heard both sides.

Issue No.1:

7.The plaintiff got examined Vanamina Venkata Ramana, Junior

Executive Accounts as PW.1 and he exhibited ExA.1 to Ex.A.350. Ex.A.6 to

Ex.A.348 are original bills along with newspaper publications from 01.11.2008 to 04.03.2008.

8.PW.1 also exhibited Original Extract of Resolution passed by Board of

Directors of Plaintiff's Company in favour of Duddupudi Chandra Sekhar;

Statement of account under Ex.A.2 showing amounts to be payable by defendants 1 and 2; Original notice dated 28.04.2009 got issued by plaintiff under Ex.A.3; original two returned envelopes addressed by plaintiff's counsel to defendants dated 11.05.2009 and original letter addressed to Eenadu, Visakhapatnam by the defendant to extend the credit limit dated 06.11.2002.

9.Ex.A.349 is certified copy of the Memorandum of Association and

Articles of Association of Plaintiff's Company with fresh Certificate,

Ex.A.350 is Certificate of Incorporation. (Ex.A.349 & Ex.A.350 were exhibited after filing additional evidence affidavit of PW.1). But there was no representation for 2nd defendant and hence cross-examination by 2nd defendant treated as nil.

6 Fair Judgment in OS.158/2009

10.Plaintiff had exhibited Ex.A.349 and Ex.350 showing that the Plaintiff

Company was represented by Duddupudi Chandra Sekhar to file suit.

Ex.A.2 statement of account shows that the plaintiff was entitled to

Rs.27,72,252/-, under Ex.A.6 to Ex.A.348 original bills with newspaper publications. The plaintiff could prove the suit claim, since the defendants did not cross-examine PW.1 and since no evidence was adduced by defendants inspite of grant of several adjournments, 2nd defendant did not adduce any evidence to show that it had transferred business in favour of

G.Adinarayana Murthy on 14.11.2007 and no evidence was let-in to prove that 90 cheques were misappropriated by one of her staff members. In the absence of any such evidence it can be safely concluded that PW.1 evidence has remained unchallenged and suit claim is proved. This point is answered in favour of the plaintiff and against the defendants.

Issue No.2:

10.The plaintiff could prove due execution of Ex.A.1 and also demand by the plaitniff to the defendant to pay amount due under Ex.A.1 promissory note. There is no evidence on record to show that the defendant did pay any amount to the plaintiff. Hence, the plaintiff is entitled for recovery of entire suit claim. This issue is answered in favour of the plaintiff.

11. Issue No.3:In the result, suit is decreed with costs for a sum of Rs.34,07,097/- with interest at 12% per annum from the date of the suit, till the date of decree ie., 04.2017 and at 6% per annum from the date of decree till realization.

Dictated to the Stenographer Gr-II, transcribed by him, corrected and

pronounced by me in open court, this the 21st day of April, 2017.

VI Addl. District Judge, Visakhapatnam FAC VII Addl. District Judge, Visakhapatnam 7 Fair Judgment in OS.158/2009

APPENDIX OF EVIDENCE

No. of witnesses examined for:

Plaintiff: Defendant:

PW.1 :Vanamina Venkata RamanaNil

No. of documents marked:

For Plaintiff : Ex. A.1 is Original Extract of Resolution passed by the Board of Directors of the plaintiff company in favour of Sri. Duddupudi Chandra Sekhar date 30- 06-2008

Ex. A.2 is Original Statement of account for Rs.27,72,252/- due and liable to be paid by the defendants

Ex. A.3 is Original Notice got issued by the plaintiff date 28-04-2009

Ex. A.4 is Original Two returned envelopes addressed by the plaintiff's

Counsel to the defendants date 11-05-2009

Ex. A.5 is Original Letter addressed to Eenadu, Visakhapatnam by the defendants to extend credit limit date 06-11-2002

Ex. A.6 is Original Bill along with paper publication date 01-01-2008 bill no.

617023, amount 2,040/-

Ex. A.7 is Original Bill along with paper publication date 01-01-2008 bill no.

993952, amount 2,557/-

Ex. A.8 is Original Bill along with paper publication date 01-01-2008 bill no.

993960, amount 5,969/-

Ex. A.9 is Original Bill along with paper publication date 01-01-2008 bill no.

993972, amount 17,258/-

Ex. A.10 is Original Bill along with paper publication date 01-01-2008 bill no. 993975, amount 301/-

Ex.A.11 is Original Bill along with paper publication date 01-01-2008 bill no.

993998, amount 20,135/-

Ex. A.12 is Original Bill along with paper publication date 02-01-2008 bill no. 617085, amount 2,040/-

Ex. A.13 is Original Bill along with paper publication date 02-01-2008 bill no.

994707, amount 9,180/-

Ex. A.14 is Original Bill along with paper publication date 02-01-2008 bill no. 994751, amount 2,006/- 8 Fair Judgment in OS.158/2009 Ex. A.15 is Original Bill along with paper publication date 02-01-2008 bill no. 994757, amount 4,814/-

Ex. A.16 is Original Bill along with paper publication date 02-01-2008 bill no. 994763, amount 30,260/-

Ex. A.17 is Original Bill along with paper publication date 02-01-2008 bill no. 994766, amount 6,392/-

Ex. A.18 is Original Bill along with paper publication date 02-01-2008 bill no. 994767, amount 3,536/-

Ex. A.19 is Original Bill along with paper publication date 02-01-2008 bill no. 994774, amount 1,918/-

Ex. A.20 is Original Bill along with paper publication date 02-01-2008 bill no. 994776, amount 24,562/-

Ex. A.21 is Original Bill along with paper publication date 02-01-2008 bill no. 994781, amount 2,996/-

Ex. A.22 is Original Bill along with paper publication date 02-01-2008 bill no. 994794, amount 25,824/-

Ex. A.23 is Original Bill along with paper publication date 02-01-2008 bill no. 994846, amount 2,556/-

Ex. A.24 is Original Bill along with paper publication date 02-01-2008 bill no. 994912, amount 1,571/-

Ex. A.25 is Original Bill along with paper publication date 03-01-2008 bill no. 617146, amount 2,040/-

Ex. A.26 is Original Bill along with paper publication date 03-01-2008 bill no. 995269, amount 3,210/-

Ex. A.27 is Original Bill along with paper publication date 03-01-2008 bill no. 995271, amount 4,814/-

Ex. A.28 is Original Bill along with paper publication date 03-01-2008 bill no. 995275, amount 4,474/-

Ex. A.29 is Original Bill along with paper publication date 03-01-2008 bill no. 995280, amount 1,598/-

Ex. A.30 is Original Bill along with paper publication date 03-01-2008 bill no. 995283, amount 719/-

Ex.A.31 is Original Bill along with paper publication date 03-01-2008 bill no.

995284, amount 719/-

Ex. A.32 is Original Bill along with paper publication date 03-01-2008 bill no. 995288, amount 1,438/-

Ex. A.33 is Original Bill along with paper publication date 03-01-2008 bill no. 995289, amount 2,557/- 9 Fair Judgment in OS.158/2009 Ex. A.34 is Original Bill along with paper publication date 03-01-2008 bill no. 995291, amount 639/-

Ex. A.35 is Original Bill along with paper publication date 03-01-2008 bill no. 995294, amount 1,598/-

Ex. A.36 is Original Bill along with paper publication date 03-01-2008 bill no. 995296, amount 5,273/-

Ex. A.37 is Original Bill along with paper publication date 03-01-2008 bill no. 995301, amount 2,876/-

Ex. A.38 is Original Bill along with paper publication date 03-01-2008 bill no. 995311, amount 326/-

Ex. A.39 is Original Bill along with paper publication date 03-01-2008 bill no. 995312, amount 959/-

Ex. A.40 is Original Bill along with paper publication date 03-01-2008 bill no. 995362, amount 3,570/-

Ex. A.41 is Original Bill along with paper publication date 03-01-2008 bill no. 995414, amount 2,861/-

Ex. A.42 is Original Bill along with paper publication date 04-01-2008 bill no. 617213, amount 2,040/-

Ex. A.43 is Original Bill along with paper publication date 04-01-2008 bill no. 995818, amount 12,036/-

Ex. A.44 is Original Bill along with paper publication date 04-01-2008 bill no. 995820, amount 4,474/-

Ex. A.45 is Original Bill along with paper publication date 04-01-2008 bill no. 995824, amount 5,753/-

Ex. A.46 is Original Bill along with paper publication date 04-01-2008 bill no. 995833, amount 639/-

Ex. A.47 is Original Bill along with paper publication date 04-01-2008 bill no. 995841, amount 3,596/-

Ex. A.48 is Original Bill along with paper publication date 04-01-2008 bill no. 995842, amount 2,157/-

Ex. A.49 is Original Bill along with paper publication date 04-01-2008 bill no. 995854, amount 959/-

Ex. A.50 is Original Bill along with paper publication date 04-01-2008 bill no. 995968, amount 2,006/-

Ex. A.51 is Original Bill along with paper publication date 04-01-2008 bill no. 995946, amount 4,722/-

Ex. A.52 is Original Bill along with paper publication date 05-01-2008 bill no. 996464 amount 2,006/- 10 Fair Judgment in OS.158/2009 Ex. A.53 is Original Bill along with paper publication date 05-01-2008 bill no. 996473, amount 2,407/-

Ex. A.54 is Original Bill along with paper publication date 05-01-2008 bill no. 996480, amount 4,474/-

Ex. A.55 is Original Bill along with paper publication date 05-01-2008 bill no. 996483, amount 2,397/-

Ex. A.56 is Original Bill along with paper publication date 05-01-2008 bill no. 996484, amount 6,392/-

Ex. A.57 is Original Bill along with paper publication date 05-01-2008 bill no. 996495, amount 38,793/-

Ex. A.58 is Original Bill along with paper publication date 05-01-2008 bill no. 996400, amount 479/-

Ex. A.59 is Original Bill along with paper publication date 05-01-2008 bill no. 996446, amount 3,570/-

Ex. A.60 is Original Bill along with paper publication date 05-01-2008 bill no. 996616, amount 2,564/-

Ex. A.61 is Original Bill along with paper publication date 05-01-2008 bill no. 996621, amount 1,301/-

Ex. A.62 is Original Bill along with paper publication date 06-01-2008 bill no. 997223, amount 2,125/-

Ex. A.63 is Original Bill along with paper publication date 06-01-2008 bill no. 997225, amount 2,125/-

Ex. A.64 is Original Bill along with paper publication date 06-01-2008 bill no. 997226, amount 1,394/-

Ex. A.65 is Original Bill along with paper publication date 06-01-2008 bill no. 997230, amount 12,750/-

Ex. A.66 is Original Bill along with paper publication date 06-01-2008 bill no. 997234, amount 6,350/-

Ex. A.67 is Original Bill along with paper publication date 06-01-2008 bill no. 997240, amount 3,400/-

Ex. A.68 is Original Bill along with paper publication date 06-01-2008 bill no. 997245, amount 1,700/-

Ex. A.69 is Original Bill along with paper publication date 06-01-2008 bill no. 997249, amount 501/-

Ex. A.70 is Original Bill along with paper publication date 06-01-2008 bill no. 997254, amount 1,020/-

Ex. A.71 is Original Bill along with paper publication date 06-01-2008 bill no. 997255, amount 1,135/- 11 Fair Judgment in OS.158/2009 Ex. A.72 is Original Bill along with paper publication date 06-01-2008 bill no. 997260, amount 2,040/-

Ex. A.73 is Original Bill along with paper publication date 06-01-2008 bill no. 997270, amount 1,561/-

Ex. A.74 is Original Bill along with paper publication date 06-01-2008 bill no. 997277, amount 520/-

Ex. A.75 is Original Bill along with paper publication date 06-01-2008 bill no. 997282, amount 510/-

Ex. A.76 is Original Bill along with paper publication date 06-01-2008 bill no. 997285, amount 520/-

Ex. A.77 is Original Bill along with paper publication date 06-01-2008 bill no. 997303, amount 7,140/-

Ex. A.78 is Original Bill along with paper publication date 06-01-2008 bill no. 997505, amount 1,482/-

Ex. A.79 is Original Bill along with paper publication date 06-01-2008 bill no. 997526, amount 2,564/-

Ex. A.80 is Original Bill along with paper publication date 06-01-2008 bill no. 998514, amount 2,635/-

Ex. A.81 is Original Bill along with paper publication date 07-01-2008 bill no. 999243, amount 2,407/-

Ex. A.82 is Original Bill along with paper publication date 07-01-2008 bill no. 999248, amount 4,474/-

Ex. A.83 is Original Bill along with paper publication date 07-01-2008 bill no. 999258, amount 1,278/-

Ex. A.84 is Original Bill along with paper publication date 07-01-2008 bill no. 999273, amount 46,379/-

Ex. A.85 is Original Bill along with paper publication date 07-01-2008 bill no. 999357, amount 2,564/-

Ex. A.86 is Original Bill along with paper publication date 07-01-2008 bill no. 999547, amount 714/-

Ex. A.87 is Original Bill along with paper publication date 08-01-2008 bill no. 617835, amount 17,340/-

Ex. A.88 is Original Bill along with paper publication date 08-01-2008 bill no. 900926, amount 4,722/-

Ex. A.89 is Original Bill along with paper publication date 08-01-2008 bill no. 900272, amount 2,564/-

Ex. A.90 is Original Bill along with paper publication date 08-01-2008 bill no. 900286, amount 765/- 12 Fair Judgment in OS.158/2009 Ex. A.91 is Original Bill along with paper publication date 09-01-2008 bill no. 617883, amount 2,040/-

Ex. A.92 is Original Bill along with paper publication date 09-01-2008 bill no. 900646, amount 2,006/-

Ex. A.93 is Original Bill along with paper publication date 09-01-2008 bill no. 900650, amount 2,407/-

Ex. A.94 is Original Bill along with paper publication date 09-01-2008 bill no. 900655, amount 639/-

Ex. A.95 is Original Bill along with paper publication date 09-01-2008 bill no. 900658, amount 1,326/-

Ex. A.96 is Original Bill along with paper publication date 09-01-2008 bill no. 900675, amount 1,079/-

Ex. A.97 is Original Bill along with paper publication date 09-01-2008 bill no. 900676, amount 3,838/-

Ex. A.98 is Original Bill along with paper publication date 09-01-2008 bill no. 900694, amount 2,407/-

Ex. A.99 is Original Bill along with paper publication date 09-01-2008 bill no. 900695, amount 5,114/-

Ex. A.100 is Original Bill along with paper publication date 09-01-2008 bill no. 900697 amount 1,102/-

Ex. A.101 is Original Bill along with paper publication date 09-01-2008 bill no. 900752, amount 2,142/-

Ex. A.102 is Original Bill along with paper publication date 09-01-2008 bill no. 900754, amount 3,570/-

Ex. A.103 is Original Bill along with paper publication date 09-01-2008 bill no. 900798, amount 38,590/-

Ex. A.104 is Original Bill along with paper publication date 09-01-2008 bill no. 900817, amount 2,564/-

Ex. A.105 is Original Bill along with paper publication date 09-01-2008 bill no. 900829, amount 975/-

Ex. A.106 is Original Bill along with paper publication date 09-01-2008 bill no. 900844, amount 1,346/-

Ex. A.107 is Original Bill along with paper publication date 09-01-2008 bill no. 901021, amount 1,428/-

Ex. A.108 is Original Bill along with paper publication date 10-01-2008 bill no. 901237, amount 9,792/-

Ex. A.109 is Original Bill along with paper publication date 10-01-2008 bill no. 901241, amount 4,474/- 13 Fair Judgment in OS.158/2009 Ex. A.110 is Original Bill along with paper publication date 10-01-2008 bill no. 901266, amount 1,375/-

Ex. A.111 is Original Bill along with paper publication date 10-01-2008 bill no. 901325, amount 2,678/-

Ex. A.112 is Original Bill along with paper publication date 10-01-2008 bill no. 901341, amount 1,136/-

Ex. A.113 is Original Bill along with paper publication date 10-01-2008 bill no. 901341, amount 1,136/-

Ex. A.114 is Original Bill along with paper publication date 11-01-2008 bill no. 901825, amount 5,753/-

Ex. A.115 is Original Bill along with paper publication date 11-01-2008 bill no. 901838, amount 1,918/-

Ex. A.116 is Original Bill along with paper publication date 11-01-2008 bill no. 901846, amount 3,356/-

Ex. A.117 is Original Bill along with paper publication date 11-01-2008 bill no. 901866, amount 1,469/-

Ex. A.118 is Original Bill along with paper publication date 11-01-2008 bill no. 901941, amount 4,722/-

Ex. A.119 is Original Bill along with paper publication date 12-01-2008 bill no. 902428, amount 4,814/-

Ex. A.120 is Original Bill along with paper publication date 12-01-2008 bill no. 902435, amount 5,753/-

Ex. A.121 is Original Bill along with paper publication date 12-01-2008 bill no. 902455, amount 3,835/-

Ex. A.122 is Original Bill along with paper publication date 12-01-2008 bill no. 902459, amount 479/-

Ex. A.123 is Original Bill along with paper publication date 12-01-2008 bill no. 902479, amount 4,474/-

Ex. A.124 is Original Bill along with paper publication date 12-01-2008 bill no. 902536, amount 3,570/-

Ex. A.125 is Original Bill along with paper publication date 12-01-2008 bill no. 902548, amount 8,568/-

Ex. A.126 is Original Bill along with paper publication date 12-01-2008 bill no. 902554, amount 1,148/-

Ex. A.127 is Original Bill along with paper publication date 12-01-2008 bill no. 902619, amount 1,734/-

Ex. A.128 is Original Bill along with paper publication date 13-01-2008 bill no. 903160, amount 199/- 14 Fair Judgment in OS.158/2009 Ex. A.129 is Original Bill along with paper publication date 13-01-2008 bill no. 903151, amount 5,100/-

Ex. A.130 is Original Bill along with paper publication date 13-01-2008 bill no. 903164, amount 6,120/-

Ex. A.131 is Original Bill along with paper publication date 13-01-2008 bill no. 903169, amount 4,760/-

Ex. A.132 is Original Bill along with paper publication date 13-01-2008 bill no. 903180, amount 1,020/-

Ex. A.133 is Original Bill along with paper publication date 13-01-2008 bill no. 903181, amount 510/-

Ex. A.134 is Original Bill along with paper publication date 13-01-2008 bill no. 903186, amount 1,836/-

Ex. A.135 is Original Bill along with paper publication date 13-01-2008 bill no. 903189, amount 510/-

Ex. A.136 is Original Bill along with paper publication date 13-01-2008 bill no. 903207, amount 4,855/-

Ex. A.137 is Original Bill along with paper publication date 13-01-2008 bill no. 903211, amount 7,283/-

Ex. A.138 is Original Bill along with paper publication date 13-01-2008 bill no. 903211, amount 344/-

Ex. A.139 is Original Bill along with paper publication date 13-01-2008 bill no. 903315, amount 4,722/-

Ex. A.140 is Original bill along with paper publication date 13-01-2008 bill no. 904093, amount 2,635/-

Ex. A.141 is Original Bill along with paper publication date 14-01-2008 bill no. 904744, amount 2,006/-

Ex. A.142 is Original Bill along with paper publication date 14-01-2008 bill no. 904746, amount 4,814/-

Ex. A.143 is Original Bill along with paper publication date 14-01-2008 bill no. 904750, amount 13,663/-

Ex. A.144 is Original Bill along with paper publication date 14-01-2008 bill no. 904756, amount 959/-

Ex. A.145 is Original Bill along with paper publication date 14-01-2008 bill no. 904757, amount 1,199/-

Ex. A.146 is Original Bill along with paper publication date 14-01-2008 bill no. 904759, amount 2,637/-

Ex. A.147 is Original Bill along with paper publication date 15-01-2008 bill no. 905253, amount 12,036/- 15 Fair Judgment in OS.158/2009 Ex. A.148 is Original Bill along with paper publication date 15-01-2008 bill no. 905254, amount 6,120/-

Ex. A.149 is Original Bill along with paper publication date 15-01-2008 bill no. 905266, amount 6,648/-

Ex. A.150 is Original Bill along with paper publication date 15-01-2008 bill no. 905273, amount 959/-

Ex. A.151 is Original Bill along with paper publication date 15-01-2008 bill no. 905277, amount 2,477/-

Ex. A.152 is Original Bill along with paper publication date 15-01-2008 bill no. 905279, amount 8,629/-

Ex. A.153 is Original Bill along with paper publication date 15-01-2008 bill no. 905521, amount 5,463/-

Ex. A.154 is Original Bill along with paper publication date 17-01-2008 bill no. 905849, amount 3,835/-

Ex. A.155 is Original Bill along with paper publication date 18-01-2008 bill no. 906295, amount 2,006/-

Ex. A.156 is Original Bill along with paper publication date 18-01-2008 bill no. 906316, amount 15,101/-

Ex. A.157 is Original Bill along with paper publication date 18-01-2008 bill no. 906318, amount 3,356/-

Ex. A.158 is Original Bill along with paper publication date 18-01-2008 bill no. 906396, amount 4,722/-

Ex. A.159 is Original Bill along with paper publication date 19-01-2008 bill no. 906838, amount 2,407/-

Ex. A.160 is Original Bill along with paper publication date 19-01-2008 bill no. 906852 amount 3,835/-

Ex. A.161 is Original Bill along with paper publication date 09-01-2008 bill no. 906860, amount 1,798/-

Ex. A.162 is Original Bill along with paper publication date 19-01-2008 bill no. 906872, amount 723/-

Ex. A.163 is Original Bill along with paper publication date 20-01-2008 bill no. 907463, amount 1,394/-

Ex. A.164 is Original Bill along with paper publication date 20-01-2008 bill no. 907491, amount 1,700/-

Ex. A.165 is Original Bill along with paper publication date 20-01-2008 bill no. 907501, amount 2,550/-

Ex. A.166 is Original Bill along with paper publication date 20-01-2008 bill no. 907503, amount 2,040/- 16 Fair Judgment in OS.158/2009 Ex. A.167 is Original Bill along with paper publication date 20-01-2008 bill no. 907522, amount 10,404/-

Ex. A.168 is Original Bill along with paper publication date 20-01-2008 bill no. 907754, amount 1020/-

Ex. A.169 is Original Bill along with paper publication date 21-01-2008 bill no. 909500, amount 16,300/-

Ex. A.170 is Original Bill along with paper publication date 21-01-2008 bill no. 909517, amount 16,108/-

Ex. A.171 is Original Bill along with paper publication date 21-01-2008 bill no. 909837, amount 1,428/-

Ex. A.172 is Original Bill along with paper publication date 22-01-2008 bill no. 910043, amount 1,505/-

Ex. A.173 is Original Bill along with paper publication date 22-01-2008 bill no. 910044, amount 2,006/-

Ex. A.174 is Original Bill along with paper publication date 22-01-2008 bill no. 910045, amount 1,505/-

Ex. A.175 is Original Bill along with paper publication date 22-01-2008 bill no. 910047, amount 1,505/-

Ex. A.176 is Original Bill along with paper publication date 22-01-2008 bill no. 910052, amount 1,505/-

Ex. A.177 is Original Bill along with paper publication date 22-01-2008 bill no. 910057, amount 35,088/-

Ex. A.178 is Original Bill along with paper publication date 22-01-2008 bill no. 910070, amount 1,438/-

Ex. A.179 is Original Bill along with paper publication date 22-01-2008 bill no. 910077, amount 2,876/-

Ex. A.180 is Original Bill along with paper publication date 22-01-2008 bill no. 910086, amount 1,598/-

Ex. A.181 is Original Bill along with paper publication date 22-01-2008 bill no. 910094 amount 2,448/-

Ex. A.182 is Original Bill along with paper publication date 22-01-2008 bill no. 910102, amount 451/-

Ex. A.183 is Original Bill along with paper publication date 23-01-2008 bill no. 910647, amount 21,665/-

Ex. A.184 is Original Bill along with paper publication date 23-01-2008 bill no. 910654, amount 1,918/-

Ex. A.185 is Original Bill along with paper publication date 23-01-2008 bill no. 910658, amount 5,753/- 17 Fair Judgment in OS.158/2009 Ex. A.186 is Original Bill along with paper publication date 23-01-2008 bill no. 910661, amount 1,598/-

Ex. A.187 is Original Bill along with paper publication date 23-01-2008 bill no. 910671, amount 1,501/-

Ex. A.188 is Original Bill along with paper publication date 23-01-2008 bill no. 910679, amount 3,715/-

Ex. A.189 is Original Bill along with paper publication date 25-01-2008 bill no. 619723, amount 2244/-

Ex. A.190 is Original Bill along with paper publication date 25-01-2008 bill no. 911848, amount 2,407/-

Ex. A.191 is Original Bill along with paper publication date 25-01-2008 bill no. 911851, amount 4012/-

Ex. A.192 is Original Bill along with paper publication date 25-01-2008 bill no. 911855, amount 1505/-

Ex. A.193 is Original Bill along with paper publication date 25-01-2008 bill no. 911861, amount 3210/-'

Ex. A.194 is Original Bill along with paper publication date 25-01-2008 bill no. 911873, amount 9550/-

Ex. A.195 is Original Bill along with paper publication date 25-01-2008 bill no. 911879, amount 6712/-

Ex. A.196 is Original Bill along with paper publication date 25-01-2008 bill no. 911800, amount 9357/-

Ex. A.197 is Original Bill along with paper publication date 25-01-2008 bill no. 911884, amount 1998/-

Ex. A.198 is Original Bill along with paper publication date 25-01-2008 bill no. 911900, amount 15101/-

Ex. A.199 is Original Bill along with paper publication date 25-01-2008 bill no. 911903, amount 3356/-

Ex. A.200 is Original Bill along with paper publication date 25-01-2008 bill no. 911905, amount 959/-

Ex. A.201 is Original Bill along with paper publication date 25-01-2008 bill no. 911948, amount 2227/-

Ex. A.202 is Original Bill along with paper publication date 26-01-2008 bill no. 619802, amount 18360/-

Ex. A.203 is Original Bill along with paper publication date 26-01-2008 bill no. 912453, amount 2407/-

Ex. A.204 is Original Bill along with paper publication date 26-01-2008 bill no. 912455, amount 12,036/- 18 Fair Judgment in OS.158/2009 Ex. A.205 is Original Bill along with paper publication date 26-01-2008 bill no. 912456, amount 24480/-

Ex. A.206 is Original Bill along with paper publication date 26-01-2008 bill no. 912475, amount 26-01-2008

Ex. A.207 is Original Bill along with paper publication date 26-01-2008 bill no. 912476, amount 3356/-

Ex. A.208 is Original Bill along with paper publication date 26-01-2008 bill no. 912478, amount 3436/-

Ex. A.209 is Original Bill along with paper publication date 26-01-2008 bill no. 912479, amount 2301/-

Ex. A.210 is Original Bill along with paper publication date 26-01-2008 bill no. 912480, amount 2876/-

Ex. A.211 is Original Bill along with paper publication date 26-01-2008 bill no. 912481, amount 2397/-

Ex. A.212 is Original Bill along with paper publication date 26-01-2008 bill no. 912485, amount 3715/-

Ex. A.213 is Original Bill along with paper publication date 26-01-2008 bill no. 912487, amount 4634/-

Ex. A.214 is Original Bill along with paper publication date 26-01-2008 bill no. 912489, amount 479/-

Ex. A.215 is Original Bill along with paper publication date 26-01-2008 bill no. 912504, amount 1428/-

Ex. A.216 is Original Bill along with paper publication date 26-01-2008 bill no. 912676, amount 1398/-

Ex. A.217 is Original Bill along with paper publication date 27-01-2008 bill no. 913312, amount 2720/-

Ex. A.218 is Original Bill along with paper publication date 27-01-2008 bill no. 913313, amount 31/--

Ex. A.219 is Original Bill along with paper publication date 27-01-2008 bill no. 913325, amount 2125/-

Ex. A.220 is Original Bill along with paper publication date 27-01-2008 bill no. 913327, amount 2550/-

Ex. A.221 is Original Bill along with paper publication date 27-01-2008 bill no. 913340, amount 5440/-

Ex. A.222 is Original Bill along with paper publication date 27-01-2008 bill no. 913343, amount 1836/-

Ex. A.223 is Original Bill along with paper publication date 27-01-2008 bill no. 913345, amount 3570/- 19 Fair Judgment in OS.158/2009 Ex. A.224 is Original Bill along with paper publication date 27-01-2008 bill no. 913352, amount 1040/-

Ex. A.225 is Original Bill along with paper publication date 27-01-2008 bill no. 913360, amount 4250/-

Ex. A.226 is Original Bill along with paper publication date 27-01-2008 bill no. 913368, amount 14045/-

Ex. A.227 is Original Bill along with paper publication date 27-01-2008 bill no. 913372, amount 734/--

Ex. A.228 is Original Bill along with paper publication date 27-01-2008 bill no. 913551, amount 3283/-

Ex. A.229 is Original Bill along with paper publication date 28-01-2008 bill no. 915202, amount 2407/-

Ex. A.230 is Original Bill along with paper publication date 28-01-2008 bill no. 915207, amount 4012/-

Ex. A.231 is Original Bill along with paper publication date 28-01-2008 bill no. 915227, amount 12464/-

Ex. A.232 is Original Bill along with paper publication date 28-01-2008 bill no. 915237, amount 10739/-

Ex. A.233 is Original Bill along with paper publication date 28-01-2008 bill no. 915312, amount 842/-

Ex. A.234 is Original Bill along with paper publication date 29-01-2008 bill no. 620396, amount 2040/-

Ex. A.235 is Original Bill along with paper publication date 29-01-2008 bill no. 915750, amount 451/-

Ex. A.236 is Original Bill along with paper publication date 29-01-2008 bill no. 915753, amount 903/-

Ex. A.237 is Original Bill along with paper publication date 29-01-2008 bill no. 915756, amount 2156/-

Ex. A.238 is Original Bill along with paper publication date 29-01-2008 bill no. 915757, amount 1805/-

Ex. A.239 is Original Bill along with paper publication date 29-01-2008 bill no. 915758, amount 1805/-

Ex. A.240 is Original Bill along with paper publication date 29-01-2008 bill no. 915759, amount 1805/-

Ex. A.241 is Original Bill along with paper publication date 29-01-2008 bill no. 915768, amount 959/-

Ex. A.242 is Original Bill along with paper publication date 29-01-2008 bill no. 915772, amount 2407/- 20 Fair Judgment in OS.158/2009 Ex. A.243 is Original Bill along with paper publication date 29-01-2008 bill no. 915776, amount 9027/-

Ex. A.244 is Original Bill along with paper publication date 29-01-2008 bill no. 915786, amount 3196/-

Ex. A.245 is Original Bill along with paper publication date 29-01-2008 bill no. 915791, amount 959/-

Ex. A.246 is Original Bill along with paper publication date 29-01-2008 bill no. 915793, amount 3196/-

Ex. A.247 is Original Bill along with paper publication date 29-01-2008 bill no. 915796, amount 479/-

Ex. A.248 is Original Bill along with paper publication date 29-01-2008 bill no. 915800, amount 1998/-

Ex. A.249 is Original Bill along with paper publication date 30-01-2008 bill no. 620456, amount 2040/-

Ex. A.250 is Original Bill along with paper publication date 30-01-2008 bill no. 916290, amount 2040/-

Ex. A.251 is Original Bill along with paper publication date 30-01-2008 bill no. 916298, amount 1918/-

Ex. A.252 is Original Bill along with paper publication date 30-01-2008 bill no. 916327, amount 6632/-

Ex. A.253 is Original Bill along with paper publication date 30-01-2008 bill no. 916337, amount 1530/-

Ex. A.254 is Original Bill along with paper publication date 31-01-2008 bill no. 620503, amount 2040/-

Ex. A.255 is Original Bill along with paper publication date 31-01-2008 bill no. 916927, amount 1918/-

Ex. A.256 is Original Bill along with paper publication date 31-01-2008 bill no. 916930, amount 4474/-

Ex. A.257 is Original Bill along with paper publication date 31-01-2008 bill no. 916931, amount 2397/-

Ex. A.258 is Original Bill along with paper publication date 31-01-2008 bill no. 916932, amount 2397/-

Ex. A.259 is Original Bill along with paper publication date 31-01-2008 bill no. 916933, amount 1918/-

Ex. A.260 is Original Bill along with paper publication date 31-01-2008 bill no. 916949, amount 2397/-

Ex. A.261 is Original Bill along with paper publication date 31-01-2008 bill no. 916954, amount 1377/- 21 Fair Judgment in OS.158/2009 Ex. A.262 is Original Bill along with paper publication date 31-01-2008 bill no. 916958, amount 12944/-

Ex. A.263 is Original Bill along with paper publication date 31-01-2008 bill no. 916959, amount 3596/-

Ex. A.264 is Original Bill along with paper publication date 31-01-2008 bill no. 935074, amount 639/-

Ex. A.265 is Original Bill along with paper publication date 21-02-2008 bill no. 935076, amount 959/-

Ex. A.266 is Original Bill along with paper publication date 21-02-2008 bill no. 935095, amount 1199/-

Ex. A.267 is Original Bill along with paper publication date 21-02-2008 bill no. 935096, amount 2397/-

Ex. A.268 is Original Bill along with paper publication date 22-02-2008 bill no. 935668, amount 1605/-

Ex. A.269 is Original Bill along with paper publication date 22-02-2008 bill no. 935679, amount 3196/-

Ex. A.270 is Original Bill along with paper publication date 22-02-2008 bill no. 935687, amount 959/-

Ex. A.271 is Original Bill along with paper publication date 22-02-2008 bill no. 935692, amount 639/-

Ex. A.272 is Original Bill along with paper publication date 22-02-2008 bill no. 935697, amount 719/-

Ex. A.273 is Original Bill along with paper publication date 22-02-2008 bill no. 935702, amount 2637/-

Ex. A.274 is Original Bill along with paper publication date 22-02-2008 bill no. 935704, amount 1199/-

Ex. A.275 is Original Bill along with paper publication date 22-02-2008 bill no. 935705, amount 2397/-

Ex. A.276 is Original Bill along with paper publication date 22-02-2008 bill no. 935706, amount 2397/-

Ex. A.277 is Original Bill along with paper publication date 23-02-2008 bill no. 936268, amount 4814/-

Ex. A.278 is Original Bill along with paper publication date 23-02-2008 bill no. 936270, amount 1605/-

Ex. A.279 is Original Bill along with paper publication date 23-02-2008 bill no. 936271, amount 2006/-

Ex. A.280 is Original Bill along with paper publication date 23-02-2008 bill no. 936284, amount 9594/- 22 Fair Judgment in OS.158/2009 Ex. A.281 is Original Bill along with paper publication date 23-02-2008 bill no. 936289, amount 14957/-

Ex. A.282 is Original Bill along with paper publication date 23-02-2008 bill no. 936290, amount 21573/-

Ex. A.283 is Original Bill along with paper publication date 23-02-2008 bill no. 936297, amount 1798/-

Ex. A.284 is Original Bill along with paper publication date 23-02-2008 bill no. 936312, amount 2557/-

Ex. A.285 is Original Bill along with paper publication date 23-02-2008 bill no. 936326, amount 7467/-

Ex. A.286 is Original Bill along with paper publication date 24-02-2008 bill no. 937096, amount 1700/-

Ex. A.287 is Original Bill along with paper publication date 24-02-2008 bill no. 937124, amount 1913/-

Ex. A.288 is Original Bill along with paper publication date 24-02-2008 bill no. 937158, amount 21760/-

Ex. A.289 is Original Bill along with paper publication date 24-02-2008 bill no. 937160, amount 4162/-

Ex. A.290 is Original Bill along with paper publication date 24-02-2008 bill no. 937165, amount 20349/-

Ex. A.291 is Original Bill along with paper publication date 24-02-2008 bill no. 937169, amount 14045/-

Ex. A.292 is Original Bill along with paper publication date 24-02-2008 bill no. 937174, amount 8466/-

Ex. A.293 is Original Bill along with paper publication date 24-02-2008 bill no. 937377, amount 10404/-

Ex. A.294 is Original Bill along with paper publication date 24-02-2008 bill no. 939215, amount 2301/-

Ex. A.295 is Original Bill along with paper publication date 25-02-2008 bill no. 939216, amount 11506/-

Ex. A.296 is Original Bill along with paper publication date 25-02-2008 bill no. 939221, amount 959/-

Ex. A.297 is Original Bill along with paper publication date 26-02-2008 bill no. 939808, amount 1309/-

Ex. A.298 is Original Bill along with paper publication date 26-02-2008 bill no. 939810, amount 1079/-

Ex. A.299 is Original Bill along with paper publication date 26-02-2008 bill no. 939812, amount 959/- 23 Fair Judgment in OS.158/2009 Ex. A.300 is Original Bill along with paper publication date 26-02-2008 bill no. 939824, amount 4746/-

Ex. A.301 is Original Bill along with paper publication date 26-02-2008 bill no. 939950, amount 10404/-

Ex. A.301 is Original Bill along with paper publication date 26-02-2008 bill no. 939950, amount 10404/-

Ex. A.302 is Original Bill along with paper publication date 27-02-2008 bill no. 940369, amount 3196/-

Ex. A.303 is Original Bill along with paper publication date 27-02-2008 bill no. 940373, amount 3835/-

Ex. A.304 is Original Bill along with paper publication date 27-02-2008 bill no. 940369, amount 1199/-

Ex. A.305 is Original Bill along with paper publication date 27-02-2008 bill no. 940385, amount 884/-

Ex. A.306 is Original Bill along with paper publication date 27-02-2008 bill no. 940387, amount 959/-

Ex. A.307 is Original Bill along with paper publication date 28-02-2008 bill no. 940917, amount 9948/-

Ex. A.308 is Original Bill along with paper publication date 28-02-2008 bill no. 940924, amount 959/-

Ex. A.309 is Original Bill along with paper publication date 28-02-2008 bill no. 940928, amount 4420/-

Ex. A.310 is Original Bill along with paper publication date 28-02-2008 bill no. 940938, amount 3883/-

Ex. A.311 is Original Bill along with paper publication date 28-02-2008 bill no. 940952, amount 3196/-

Ex. A.312 is Original Bill along with paper publication date 28-02-2008 bill no. 940969, amount 969/-

Ex. A.313 is Original Bill along with paper publication date 28-02-2008 bill no. 941073, amount 2627/-

Ex. A.314 is Original Bill along with paper publication date 28-02-2008 bill no. 941168, amount 8500/-

Ex. A.315 is Original Bill along with paper publication date 29-02-2008 bill no. 941542, amount 959/-

Ex. A.316 is Original Bill along with paper publication date 29-02-2008 bill no. 941546, amount 3356/-

Ex. A.317 is Original Bill along with paper publication date 29-02-2008 bill no. 941547, amount 4474/- 24 Fair Judgment in OS.158/2009 Ex. A.318 is Original Bill along with paper publication date 29-02-2008 bill no. 941565, amount 2557/-

Ex. A.319 is Original Bill along with paper publication date 29-02-2008 bill no. 941566, amount 3196/-

Ex. A.320 is Original Bill along with paper publication date 29-02-2008 bill no. 941568, amount 7461/-

Ex. A.321 is Original Bill along with paper publication date 29-02-2008 bill no. 941572, amount 1438/-

Ex. A.322 is Original Bill along with paper publication date 29-02-2008 bill no. 941773, amount 3046/-

Ex. A.323 is Original Bill along with paper publication date 29-02-2008 bill no. 941774, amount 1734/-

Ex. A.324 is Original Bill along with paper publication date 01-03-2008 bill no. 942256, amount 4012/-

Ex. A.325 is Original Bill along with paper publication date 01-03-2008 bill no. 942266, amount 1918/-

Ex. A.326 is Original Bill along with paper publication date 01-03-2008 bill no. 942267, amount 2557/-

Ex. A.327 is Original Bill along with paper publication date 01-03-2008 bill no. 942268, amount 4474/-

Ex. A.328 is Original Bill along with paper publication date 01-03-2008 bill no. 942272, amount 7670/-

Ex. A.329 is Original Bill along with paper publication date 01-03-2008 bill no. 942291, amount 4746/-

Ex. A.330 is Original Bill along with paper publication date 01-03-2008 bill no. 942292, amount 3196/-

Ex. A.331 is Original Bill along with paper publication date 01-03-2008 bill no. 942361, amount 1550/-

Ex. A.332 is Original Bill along with paper publication date 01-03-2008 bill no. 942488, amount 1326/-

Ex. A.333 is Original Bill along with paper publication date 01-03-2008 bill no. 943121, amount 19125/-

Ex. A.334 is Original Bill along with paper publication date 02-03-2008 bill no. 943150, amount 9063/-

Ex. A.335 is Original Bill along with paper publication date 02-03-2008 bill no. 943152, amount 2720/-

Ex. A.336 is Original Bill along with paper publication date 02-03-2008 bill no. 943173, amount 780/- 25 Fair Judgment in OS.158/2009 Ex. A.337 is Original Bill along with paper publication date 02-03-2008 bill no. 943185, amount 1387/-

Ex. A.338 is Original Bill along with paper publication date 02-03-2008 bill no. 943186, amount 1360/-

Ex. A.339 is Original Bill along with paper publication date 02-03-2008 bill no. 943196, amount 4855/-

Ex. A.340 is Original Bill along with paper publication date 02-03-2008 bill no. 943197, amount 14045/-

Ex. A.341 is Original Bill along with paper publication date 03-03-2008 bill no. 945296, amount 5433/-

Ex. A.342 is Original Bill along with paper publication date 03-03-2008 bill no. 945367, amount 35700/-

Ex. A.343 is Original Bill along with paper publication date 04-03-2008 bill no. 945862, amount 3109/-

Ex. A.344 is Original Bill along with paper publication date 04-03-2008 bill no. 945863, amount 3109/-

Ex. A.345 is Original Bill along with paper publication date 04-03-2008 bill no. 945864, amount 3109/-

Ex. A.346 is Original Bill along with paper publication date 04-03-2008 bill no. 945865, amount 3109/-

Ex. A.347 is Original Bill along with paper publication date 04-03-2008 bill no. 945874, amount 2397/-

Ex. A.348 is Original Bill along with paper publication date 04-03-2008 bill no. 945891, amount 1918/-

For Defendants: Nil

VI ADJ, Visakhapatnam FAC VII ADJ, Visakhapatnam 26 Fair Judgment in OS.158/2009

Date of presentation: 09-07-2009 Date of Filing:15-07-2009

IN THE COURT OF VII ADDITIONAL DISTRICT JUDGE-CUM-

SESSIONS JUDGE, VISAKHAPATNAM.

PRESENT: A.Vara Prasada Rao, VI Addl. District Judge, Visakhapatnam FAC VII Addl. District Judge, Visakhapatnam

Friday, the 21st day of April, 2017

O.S.No.158/2009

Between: M/s Ushodaya Enterprises Private Limited, incorporated under the Provisions of Companies Act, 1956 having its registered office at Eenandu Complex, Somajiguda, Hyderabad 500 082, rep. by Sri Duddupudi Chandra Sekhar Rao, Junior Executive, Accounts, M/s Ushodaya Enterprises Private Limited, Eenadu Compound, Seethammadhara, Visakhapatnam R/a D.No.55-14-37, APSEB Colony, Seethammadhara, Visakhapatnam – 530 013.

... Plaintiff

And:

1. M/s Keertikaar Advertisers, rep. by its sole Proprietrix Smt. Parvataneni Padmaja, W/o Sri Shyam Prasad, G-4, Classic Complex, Prakasaraopet, Dabagardens.

2. Smt. Parvataneni Padmaja, W/o Sri Shyam Prasad, G-4, Classic Complex, Prakasaraopet, Dabagardens, Visakhapatnam – 530 020

... Defendants

The plaintiff filed the suit for recovery of a sum of Rs.34,07,097/- with costs and interest.

The value of suit for the purpose of court fee and jurisdiction is Rs.34,07,097/- (Rs.27,72,252/-+6,34,845/-) and a court of Rs.36,526/- is paid Under Sec. 20 r/w Art 1 (b & c) and Sch.1 of APCF & SV Act.

This suit coming on 19.04.2017 for hearing before me in the presence of Sri. K.V.Rama Murthy, Advocate for the plaintiff and 1st defendant remained exparty and Sri D.Suresh Kumar, Advocate for the 2nd defendant and having stood over for consideration till this day, this court doth order and:-

D E C R E E

1. that the suit be and the same is hereby decreed with costs for a sum of Rs.34,07,097/- with interest at 12% per annum from the date of the suit, till the date of decree i.e 21.04.2017 and at 6% per annum from the date of decree till realization. .

27 Fair Judgment in OS.158/2009

2. that the defendants do also pay to the plaintiff a sum of Rs. 1,05,802/- towards costs of the suit.

Given under my hand and the seal of the court, this the 21st day of April, 2017.

VI Addl. District Judge

FAC VII ADDL. DISTRICT JUDGE

(FTC),VISAKHAPATNAM.

MEMORANDUM OF COSTS

For Plaintiffs: For Defendants:

Stamp on Vakalat Rs. 2-00 No costs memo is filed Stamp on Plaint Rs. 36,526-00 Advocate fee Rs. 51,956-00 Junior Advocate Fee Rs. 17,318-00 Costs Allowed : Rs. 1,05,802-00

VI Addl. District Judge

FAC VII ADDL. DISTRICT JUDGE

(FTC), VISAKHAPATNAM.

1 Fair Judgment in OS.No.422/2004/VI ADJ, VSP

IN THE COURT OF VI ADDITIONAL DISTRICT JUDGE-CUM-SESSIONS

JUDGE, MAHILA COURT, VISAKHAPATNAM.

PRESENT: A.Vara Prasada Rao, VI Addl. District Judge,

Friday, the 6th day of April, 2018

O.S.No.422/2004

Between: Sri. Kolluru Venkata Jagan Mohana Rao, S/o late Venkata Subba Rao, Hindu, aged 60 years, R/a D.No.23-22-1A, Sivalayam Street, Visakhapatnam – 1. ... Plaintif And:

1.Smt. Kolluru Prabhavathi (died) (Amendment carried out as per orders in IA.No.438/2017 dated 26.07.2017, defendants 2 to 5 are recognized the LRS of the deceased 1st defendant)

2.Smt. Grandhi Venkata Kasturi, W/o Satyanarayana Murthy, Hindu, aged 67 years, resident of D.No.18/48, Nandivari Veedji, Visakhapatnam.

3.Smt. Seekhakolli Venkata Lalitha Prabhavathi, W/o Harinadh, Hindu, aged 65 years, R/o D.No.23-22-1, Sivalayam Veedhi, Visakhapatnam.

4.Sri Seethakolla Harinadha Babu, Father’s name not know to the plaintiff, Hindu, aged 75 years, R/o D.No.26-41-110/4, Vekata Krishna Colony, A.T. Agraharam, Visakhapatnam.

5.M.Sudha, W/o Nagabusham, Hindu, aged 25 years, R/a C/o G.Satyanarayana, D.No.4/120, Nehru Street, Idayambali, Jalaripeta, Vellore District, Tamilnadu.

6.The Head Post Master, Kurupam Market Post office, Kurupam Market, Visakhapatnam-1.

7.The Manager, Maharaja Bank, Dwaranakanagar Branch, Dwarakanagar, Visakhapatnam.

8.The Manager, Kanaka Mahalakshmi Co-op. Bank Limited, Main Branch, Visakhapatnam.

9.The Chief Manger, The Visakhapatnam Co-op. Bank Limited, Main Branch, Visakhapatnam.

10.The Branch Manger, The Visakhapatnam Co-op. Bank Limited, Seethammapeta Branch, Visakhapatnam.

11. The Branch Manger, The Visakhapatnam Co-op. Bank Limited, Akkayyapalem Branch, Visakhapatnam

12. The Branch Manger, The Visakhapatnam Co-op. Bank Limited, Nakkavanipalem Branch, Visakhapatnam

13. The Branch Manger, The Visakhapatnam Co-op. Bank Limited, Gopalapatnam Branch, Visakhapatnam

14.The Branch Manager, The Lakshmi Vilas Bank Limited, Extention Counter, Visakhapatnam.

15.The Chief Manager, State Bank of India, Main Branch, Visakhapatnam.

2 Fair Judgment in OS.No.422/2004/VI ADJ, VSP

16.The Chief Manager, The Karur Vysya Bank Limited, Main Branch, Visakhapatnam.

17.The Branch Manager, Karnataka Bank Ltd., Jagadamba Junction, Visakhapatnam.

... Defendants

This suit coming on 22.12.2017 for hearing before me in the presence of Smt. P. Leela Vathi , Advocate for the plaintiff and of Sri.M. Ramakoti, Advocate for the defendants 1 to 3 and of defendants 4 and 6 and defendants 14 to 16 remained exparte of Smt. N.Surya Kumari, Advocate for the 7th defendant and of Sri.K.S, Advocate for the 8th defendant and of Sri. A.S.V.R., Advocate for the defendants 9 to 13 and of Sri.N.K.R, Advocate for the 17th defendant and having stood over for consideration till this day, this court made the following :

J U D G M E N T

Plaintiff filed this suit for partition of plaint schedule immovable and movable properties.

2.Facts in the plaint are as follows: Plaintiff is only son of Kolluru

Venkata Subba Rao and 1st defendant. Plaintiff has got three sisters by name Suryakantham, Venkata Kasturi (2nd defendant) and Lalitha (3rd defendant). Suryakantham died after giving birth to a girl child, then 3rd defendant was given in marriage to Suryakantham’s husband Harinadha

Babu. Venkata Kasturi was given in marriage to one Grandhi

Satyanarayana Murthy. K.V. Subba Rao celebrated marriages of his son and three daughters during his life time by spending huge amounts. Plaintiff and defendants 2 and 3 are living in schedule house with their respective families. Plaintiff’s father acquired property under partition deed between his parents on 29.07.1955 under registered document No.1410/1995.

Plaintiff lives in one portion of the house, whereas defendants 1 and 3 are living in other portions of the said house. 3rd defendant due to disputes with her husband is residing with 1st defendant. Plaintiff’s father acquired gold, silver and cash and deposited amounts in various banks and post 3 Fair Judgment in OS.No.422/2004/VI ADJ, VSP offices out of ancestral property by leasing schedule mentioned property to tenants. Fixed deposits were made in joint names of K.V. Subba Rao and 1st defendant “either survivor” by keeping plaintiff, defendants 2 and 3 as nominees. Al the receipts are in the custody of 1st defendant. Plaintiff’s father died intestate on 30.11.2001. All amounts deposited belong to joint family though they were kept in the names of plaintiff’s parents. Plaintiff is entitled to 12/20th share, whereas 1st defendant is entitled to 2/20th share and defendants 2 and 3 are entitled to 2/20th share each. Defendants 4 and 5 being legal heirs of Suryakantham are entitled to 1/20th share each.

Defendants 1 and 3 with active collusion of 2nd defendant and her husband are denying plaintiff’s right in plaint schedule property. Hence, this suit.

3.1st defendant filed written statement denying material averments in the plaint and further contended as follows: defendants 4 & 5 are neither necessary nor proper parties to the suit and they have no right to claim in

B-Schedule amounts, much less A-Schedule house property. This suit is bad for mis-joinder of parties. K.V.Subha Rao executed Will and Testament

dated 23.04.1998 bequeathing B.Schedule deposits. Plaintiff purloined

Will in the absence 1st defendant and defendants 2 and 3 and meddled with it. Testator himself scribed Will in his own shaky handwriting at his ripe old age and it was the last Will and testament. A-Schedule building belongs to 1st defendant. Plaintiff is not entitled to claim any share in A or

B Schedule properties. Plaintiff was bequeathed (?) a building constructed in VUDA layout and plaintiff has been realizing rents from it even during life time of testator. According to 1st defendant, items 4 and 9 of the B

Schedule are one and the same and the sum of Rs.1,48,000/- is being claimed twice. Item 5(a) is Rs.2,20,500/- only and not Rs.2,70,500/- as 4 Fair Judgment in OS.No.422/2004/VI ADJ, VSP mentioned therein. Item 5(b) is Rs.1,36,000/- which stood in the name of the testator with specific nominations mentioned in the bonds. Thus as per the terms of bequest, the sum of Rs.72,000/- has been made over to the defendants 2 and 3 on demise of testator and remaining sum of

Rs.64,000/- was got transferred in the name of 1st defendant as nominee of respective bonds. 1st defendant alone is entitled to claim B-Schedule deposits. A. Schedule house absolutely belongs to 1st defendant. Plaintiff is an idler and in collusion with 4th defendant brought this suit to ruin the family life of his own sister, 3rd defendant and to drive 1st defendant and defendants 2 & 3 to destitution in utter disregard to the wishes of his father placed on record by him in the Will referred to above.

4.Defendants 2 and 3 adopted written statement filed by 1st defendant.

5.1st defendant also filed additional written statement contending that plaintiff is only permissive resident and denied tentative arrangement pleaded by plaintiff. 1st defendant admitted date of death of plaintiff’s father on 30.11.2001. But, 1st defendant denied plaintiff’s father died intestate. Plaintiff’s father not only executed Will dated 23.04.1998, but also wrote addenda or codicil dated 05.11.2001 and he signed in shaky hand by dictating practically to some one during his last days, since practically he became a disabled person. 1st defendant denied claim of plaintiff for 12/20th share in plaint A. & B Schedule properties. Father of plaintiff and his brother Yellaji Rao were not having or owned property as mentioned in plaint. They inherited A-Schedule house acquired by Butchi

Jagannadha Rao, who passed away while they were minors.

Suryakanthammma paternal grandmother of plaintiff brought them up by 5 Fair Judgment in OS.No.422/2004/VI ADJ, VSP raising loans and mortgaged houses in favour of Dasari Viswanadham. 1st defendant’s gold jewelery and cash received from her parents was used for discharging ½ of loan of mortgage and other loans and partition was effected under a registered partition deed with his brother under family arrangement. 1st defendant got absolute right and title to A-Schedule property and she has been paying property tax, after her name was mutated in Municipal records and registers. Plaintiff has no right to claim partition thereof. 1st defendant’s father besides cash and jewelery presented to her at the time of her marriage also distributed his wife’s gold and silver equally to his four daughters and 1st defendant’s brother.

1st defendant invested some amounts in her name and some amounts in names of herself and her husband out of reverence towards him, as her husband. Plaintiff’s father retired as FA & CAO in Hindustan Shipyard and invested all his savings retirement benefits, Provident fund and Pension under Fixed Deposits and acquired LIG building by raising loans in VUDA

Housing Colony and plaintiff was given said house and he has been enjoying rents from said house as an absolute owner. Defendants 4 and 5 had driven away 3rd defendant and she became a destitute. At the time of marriage of 5th defendant on 04th /05th November 2001 plaintiff’s father and 1st defendant gave cash, gold and silver and it was also recorded in

Addenda dated 05.11.2001 to Will dated 23.04.1998. There is no cause of action for the suit. That the suit is liable for dismissal.

6.Defendants 4, 6, 14 to 16 had remained absent and were set exparte.

7.7th defendant (Maharaja Co-Op Urban Bank Limited, Dwarakanagar,

Visakhapatnam) filed written statement denying material averments in the 6 Fair Judgment in OS.No.422/2004/VI ADJ, VSP plaint and contended that it is for the plaintiff to prove pleadings in para

III(b) to III(h) of plaint. Some of the Fixed Deposits pertaining to the plaintiff’s father and defendant had already matured and as per Bank

Rules matured amounts shall be paid to survivor under “either or survivor” mode of operation. When there is no survivor they go to nominee. This suit is liable for dismissal with exemplary costs.

8.8th defendant (Kanakamahalakshmi Co-Operative Bank Limited,

Dwarakanagar, Visakhapatnam) files written statement denying material averments in the plaint and contended that it is for the plaintiff to prove pleadings in para III(b) to III(h) of plaint. Some of the Fixed Deposits pertaining to the plaintiff’s father and defendant had already matured and as per Bank Rules matured amounts shall be paid to survivor under “either or survivor” mode of operation. When there is no survivor, they go to nominee. 8th defendant has nothing to do with the dispute if any, pleaded in the plaint. 8th defendant was unnecessarily dragged in to the issue. 8th defendant is custodian of public money. Plaintiff by imagination mentioned amount in Fixed Deposits of Rs.1,90,000/- but it is Rs.80,000/- only in the name of the depositor. 8th defendant sought for dismissal of the suit with costs.

9.Defendants 9 to 13 filed written statement denying material averments in the plaint and further contended as follows: defendant 9 to 13 denied relationship among plaintiff and defendants 1 to 5, since said facts are not known. Defendants 9 to 13 are officers of Visakhapatnam

Co-operative Bank and they are not necessary parties to the suit. Amounts covered by Fixed Deposits will be paid as per Rules of Bank, subject to

Decree and Judgment in this suit. Secretary is a person to sue and to be 7 Fair Judgment in OS.No.422/2004/VI ADJ, VSP sued, as such suit against Branch Managers i.e., defendants 9 to 13 is not maintainable and is to be dismissed by exonerating defendants 9 to 13.

10.17th defendant (Karnataka Bank Limited) filed written statement denying material averments in the suit and further contended that it is for the plaintiff to prove pleadings in para III(a) to III(h) of plaint. Some of the

Fixed Deposits pertaining to the plaintiff’s father and defendant had already matured and as per Bank Rules matured amounts shall be paid to survivor under “either or survivor mode of operation. When there is no survivor they go to nominee. It was further contended that he is not aware of the suit facts. Rs.20,000/- is only in the name of deceased K.V. Subba

Rao and 1st defendant and remaining deposits are in the names of defendants 1 to 3, which were deposited by 1st defendant. 17th defendant is not a proper or necessary party to the suit and was unnecessarily added. In Paragraph 5, 17th defendant stated that there are 8 deposits and one Fixed deposit for Rs.20,000/- is in the name K.Pravhavathi and

K.V.Subba Rao and nominee as G.V.Kasturi and matured on 02.08.2006 with a direction to pay interest quarterly and other seven deposits are in the name of Smt. Kolluru Prabhavathi and her daughters, K.Lalitha, G.V.

Kasturi. But, the deposits were made by Smt. Kolluru Prabhavathi. That the plaintiff unnecessarily dragged them to the court and prayed for dismissal with exemplary costs.

11.Additional written statement is not filed. No representation for defendants. Treated as no additional written statement for defendants.

12.Based on the above pleadings, the following issues were settled.

1. Whether the plaint A and B schedule property is the ancestral property of the plaintiff’s father?

8 Fair Judgment in OS.No.422/2004/VI ADJ, VSP

2. Whether the plaintiff’s father had bequeathed Plaint – A schedule property and B-Schedule deposits to the defendants 1 to 3 under a Will dated 23.09.1998 and a Codicil dated 05.11.2001?

3. If the Plaint-B Schedule is correct and if they are all available?

4. Whether the plaintiff has a 6/10 undivided share in Plaint A and B Schedule properties?

5. Whether the plaintiff is entitled to partition as prayed for?

6. To what relief?

13.During evidence of plaintiff PW.1 was examined and Ex.A.1 to Ex.A.2 were marked. DW.1’s evidence was eschewed since she expired.

Seekhakolli Venkata Lalitha Prabhavathi, 3rd defendant was examined as

DW.2. Defendants wanted to adduced evidence of Dr.K.A.N.Rao as DW.3, but he was not permitted to give evidence as per order dated 28.12.2017.

Defendants did not prefer any revision against said order and it became final. Defendants 7 & 8 are were called absent. There was no representation for defendants 7 & 8. Hence, their evidence was closed.

Defendants 9 to 13 and 17 were also called absent. There was no representation for defendants 9 to 13 and 17. No evidence is adduced by defendants 9 to 13 and 17. Hence, their evidence was also closed.

Defendants did not exhibit any documents on their behalf.

14.Heard arguments advanced by counsel for both sides.

Issue No.1:

15.Case of the plaintiff is that Plaint A-Schedule house is ancestral property, whereas defendants 2 & 3 (during life time 1st defendant) contended that house property was mortgaged and 50% of mortgage loan amount was redeemed by 1st defendant and it became her absolute stridhana property. However defendants did not adduce any evidence in proof of mortgage and its redemption by 1st defendant. On the other hand

PW.1 exhibited Ex.A.1 certified copy of partition deed dated 27.07.1955 9 Fair Judgment in OS.No.422/2004/VI ADJ, VSP under which his father and his paternal uncle got house property partitioned equally and eastern portion of house fell to Yellaji Rao and

Western House portion fell to plaintiff’s father. PW.1 was cross-examined at length regarding plaint A-Schedule property. PW.1 during his cross- examination has categorically deposed that after partition of property, both brothers started enjoying exclusively their respective shares of house property by paying property tax under separate assessments. PW.1 pleaded ignorance of mortgage and its redemption etc. PW.1 contended that he purchased a house constructed by VUDA. He pleaded ignorance of construction of house in Pitapuram Colony by his father from his Provident

Fund loan amount and other debts, by paying Rs.33,000/-. He denied suggestion that his father has purchased said house in his name.

Defendants did not file any record to show that house was purchased by plaintiff’s father by borrowing Rs.33,000/- from his Provident Fund account.

According to PW.1, he sells cigarettes and other articles and out of earnings from his business, he had purchased that house. He denied suggestion that his father spent Rs.25,000/- for electricity and water facility. According to PW.1 said house was leased out and tenants are in possession of the said house. He denied suggestion, he colluded with tenant and defeated his father’s rights. He also denied suggestion that plaintiffs father became vexed with his behaviour and handed over VUDA house title deeds to plaintiff and instructed him to enjoy property as he pleased.

16.Even though DW.2 denied A-Schedule house to be ancestral house and that it is self-acquired property of her grandfather Kolluru Butchi

Jagannadharao, she did not file any record to support her defense. During 10 Fair Judgment in OS.No.422/2004/VI ADJ, VSP cross-examination DW.2 was confronted with Ex.A.1 and she admitted that she received copy of Ex.A.1 along with suit summons and had gone through it. She further admitted that in Ex.A.1 it was recited that house was divided into two portions and one portion was allotted to her father and another portion was allotted to Yellaji Rao (her paternal uncle) she could not say which portion of house fell to her father. But she admitted that she has been living in Door No.23-22-1, Sivalayam Veedhi,

Visakhapatnam. She admitted that in evidence affidavit her place of residence was mentioned as D.No.23-2-1. DW.2 stated that door number was wrongly mentioned. As per evidence affidavit of DW.2, she was not living in plaint A-Schedule house, but was living in a different house.

17.The positive evidence of PW.1 coupled with Ex.A.1 and admissions made by DW.2 clinchingly prove that A.Schedule house is ancestral house and it is not separate property of plaintiff’s grandfather. This issue is answered accordingly in favour of the plaintiff and against defendants.

Issue No.3:

18.According to PW.1, his father deposited several amounts in Post

Office and several banks and specifically described them in Plaint B-

Schedule. DW.2 in her evidence affidavit stated that items 4 & 9 of B-

Schedule are one and the same and Rs.1,48,000/- was claimed twice. Item

No.5(a) is Rs.2,25,500/- but not Rs.2,70,500/-, item No.5(b) is Rs.1,36,000/- which stood in sole name of testator with specific nominations mentioned in the bonds. Rs.72,000/- was made over to 2nd defendant and DW.2, after demise of testator, remaining Rs.64,000/- shall be transferred in the name of 1st defendant as nominee of respective bond. As can seen from above evidence it is apparent that there is minor variation in quantum of amount 11 Fair Judgment in OS.No.422/2004/VI ADJ, VSP in items 5(a) and 5(b) of B-Schedule and 4 and 9 are one and same amounts. Even in the written statements defendants 7,8, 9 to 13 and 17 specifically stated amounts deposited in their banks. Hence, it can be specifically concluded that with certain minor variations amounts are available as mentioned in B-Schedule. The Bankers are only custodians of amount deposited and they are Bond to pay amounts to the original owners who are entitled to said amounts. In above set of circumstances, it can be safely concluded that Plaint B-Schedule items are available with minor variations and item No.9 shall be deleted in B-Schedule since it is repeated again. This issue is answered accordingly.

Issue No.2:

19.The contention of the defendants that plaintiff and defendants 2 & 3 after Venkata Subba Rao executed Will dated 23.04.1998 and also addenda or codicil dated 05.11.2001 and bequeathed Plaint A & B

Schedule properties to defendants 1 to 3. However, defendants did not file original Will into the Court. Defendants wanted to file Additional Written but it was not filed and there was no representation for defendants.

Treated as no additional written statement on 24.08.2017. Defendants also wanted to examine Dr.K.A.N.Rao as DW.3. But as per orders dated 28.12.2017, DW.3 was not permitted to be examined as a witness. Hence, virtually there is no evidence to prove late Kolluru Venkata Subba Rao executed will dated 23.04.1998 and Addenda or codicil dated 05.11.2001, bequeathing plaint A & B schedule properties in favour of defendants 1 to

3. Hence, this issue is answered against defendants 1 to 3.

12 Fair Judgment in OS.No.422/2004/VI ADJ, VSP

Issue No.4 & 5:

20.Plaintiff claimed that he is entitled to 6/10th shares in plaint B-

Schedule properties. By the date of suit 1st defendant was alive and defendants 2 and 3 and mother of the defendants 4 and 5 and plaintiff are children of 1st defendant and Venkata Subba Rao. After demise of Venkata

Subba Rao A & B Schedule properties were succeeded by plaintiff, defendants 1 to 3 and Suryakantham mother of defendants 4 & 5 equally.

“A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after

September 2005, the Hon’ble Supreme Court has ruled.

A bench of Hon’ble Sri justice R. M. Lodha and Hon’ble Sri Justice

Jagdish Singh Khehar in a judgment held that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.

“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The legislature has now conferred substantive right in favour of the daughters.

“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same 13 Fair Judgment in OS.No.422/2004/VI ADJ, VSP manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,”Justice Lodha, writing the judgment, said. The term coparcener refers to the equal inheritance right of a person in a property.

The apex court passed the ruling while upholding the appeal filed by

Ganduri Koteshwaramma, daughter of late Chakiri Venkata Swamy, challenging the Andhra Pradesh High Court’s decision not to recognise equal property rights of women along with their male siblings”

Daughters are also treated as coparcenar along with sons and

Annexure – I1 deals with amended by A.P. State.

Sections 15 & 16 of Hindu Succession Act deal with Succession of Female

Hindu -Annexure-II2

Hence, A & B Schedule property shall be divided into five equal shares and share of 1st defendant shall further be divided into three equal shares to be allotted to defendants 2, 3 and one share shall be allotted to defendants 4 & 5. This issue is answered accordingly.

Issue No.6:

21.In the result, the suit is partly decreed with costs. A & B Schedule property shall be divided into five equal shares and further share of 1st defendant shall be divided in to three equal shares to be allotted to defendants 2 & 3 and balance 1/3 share to defendants 4 & 5 equally. That is plaintiff is allotted 6/30th share; 2nd defendant is allotted 8/30th share; 3rd 1Annexure-I 2Annexure-II 14 Fair Judgment in OS.No.422/2004/VI ADJ, VSP defendant is allotted 8/30th share, 4th defendant is allotted 4/30th share and 5th defendant is allotted 4/30th share in plaint A & B Schedule properties.

Dictated to the Stenographer Gr-II, transcribed by him, corrected and

pronounced by me in open court, this the 6th day of April,2018.

VI Addl. District Judge, Visakhapatnam

APPENDIX OF EVIDENCE

No. of witnesses examined for:

Plaintif:

PW.1: Kolluru Venkata Jagan Mohana Rao

Defendants:

DW.1 : Kolluru Prabhavathi (eschewed since died)

DW.2 : S. Venkata Lalitha

DW.3 : Dr.K.A.N.Rao (evidence was not permitted as per order dt.28.12.2017)

No. of documents marked:

For Plaintif :

Ex.A.1 : Certified copy of partition deed dated 29.07.1955

Ex.A.2 : Market valuation certificate

For Defendants:

Nil

VI ADJ, Visakhapatnam

Annexure-I

ANDHRA PRADESH ACTS, ORDINANCES AND REGULATIONS, ETC.

“The following Act of Andhra Pradesh Legislative Assembly which was reserved by the Governor on the 10th October, 1985 for the 15 Fair Judgment in OS.No.422/2004/VI ADJ, VSP consideration and assent of the President received the assent of the President on the 16th May,1986 and the said assent is hereby first published on the 22nd May, 1986 in the Andhra Pradesh

Gazette for general information.ACT NO. 13 OF 1986 An Act to amend the Hindu Succession Act, 1956 in its application to the

State of Andhra Pradesh. Whereas the Constitution of India has proclaimed equality before the law as a Fundamental Right;And

Whereas the exclusion of the daughter from participation in coparcenary ownership merely by reason of her sex is contrary thereto;And Whereas such exclusion of the daughter has led to the creation of the socially pernicious dowry system with its attendant social ills.And Whereas this baneful system of dowry has to be eradicated by positive measures which will simultaneously ameliorate the condition of women in the Hindu society;Be it enacted by Legislative Assembly of the State of

Andhra Pradesh in the Thirty-Sixth Year of the Republic of India as follows: Short Title, Extent and Commencement 1.(1) This Act may be called the Hindu Succession (Andhra Pradesh Amendment) Act, 1986 (2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall be deemed to have come into force on the 5th

September, 1985. 2 Insertion of a new Chapter II-A in Central Act 30 of 1956 In the Hindu Succession Act, 1956 (hereinafter referred to as this Act) after Chapter -II, the following chapter shall be inserted, namely:-

CHAPTER – II-A. Succession by survivorship 16 Fair Judgment in OS.No.422/2004/VI ADJ, VSP

Equal rights to daughter in coparcenary property 29A.- Notwithstanding anything contained in Section 6 of this Act-

(i) in a Joint Hindu family governed by Mitakshara Law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son and have the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim by survivorship, and shall be subject to the same liabilities and disabilities in respect thereto as the son; (ii) at a partition in such a joint Hindu

Family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son.Provided that the share which a pre-deceased son or a pre-deceased daughter would have got at the partition if he or she had been alive at the time of the partition shall be allotted to the surviving child of such predeceased son or of such pre-deceased daughter;Provided further that the share allotable to the pre-deceased child of a pre- deceased son or of a pre-deceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son orof the pre-deceased daughter as the case may be; (iii) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (i) shall be held by her with the incidents of ownership and shall be regarded notwithstanding anything contained in this

Act or any other law for the time being in force, as property capable of being disposed of by her by or other testamentary disposition;(iv) nothing in clause (ii) shall apply to a daughter 17 Fair Judgment in OS.No.422/2004/VI ADJ, VSP married prior to or to a partition which had been efected before the commencement of Hindu Succession (Andhra Pradesh

Amendment) Act, 1986. Interest to devolve by survivorship on death 29-B When a female Hindu dies after the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986 having at the time of her death an interest in a Mitakshara coparcenary property,her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance this Act.Provided that if the deceased had left any child or child of a pre-deceased child the interest of the deceased in the Mitakshara coparcenary property shall devolvep by testamentary or intestate succession as the case may be, under this Act and not by survivorship.

Explanation-1.- For the purposes of this section, the interest of a female Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death irrespective of whether she was entitled to claim partition or not.

Explanation 2:Nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of deceased, had separated himself or herself from the coparcenary or any of his or her heirs to claim on intestacy a share in the interest referred to therein.

18 Fair Judgment in OS.No.422/2004/VI ADJ, VSP 29-C Preferential right to acquire property in certain cases (1)

Where, after the commencement of the Hindu Succession (Andhra

Pradesh Amendment) Act,1986 an interest in any immovable property of an intestate or in any business carried by him or her, whether solely or in conjunction with others devolves, under section 29A or section 29-B upon two or more heirs and any one of such heirs to transfer his or her interest in the property or business, the other heirs shall have preferential right to acquire the interest proposed to be transferred.(2) The consideration for which any interest in the property of the deceased may be transferred under this section shall in the absence of any agreement between the parties, be determined by the court,on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incidential to the application.(3) If there are two or more heirs,proposing to acquire an=y interest under this section, that heir who ofers the highest consideration for the transfer shall be preferred.

Explanation:-In this section `court' means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the

State Government may, by notification in the official Gazette, specify in this behalf.” 19 Fair Judgment in OS.No.422/2004/VI ADJ, VSP

Annexure – II

15. General rules of succession in the case of female Hindus.—

1. The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father;

and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre- deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Section 16 in The Hindu Succession Act, 1956

16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs 20 Fair Judgment in OS.No.422/2004/VI ADJ, VSP referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:—

Rule 1.—Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously.

Rule 2.—If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death

VI Addl. District Judge, Visakhapatnam

1 Fair Order in OP.No.761/2013/VII ADJ/VSP

IN THE COURT OF VII ADDITIONAL DISTRICT JUDGE,

VISAKHAPATNAM

PRESENT: A.Vara Prasada Rao, VI Addl. District Judge, Visakhapatnam FAC VII Addl. District Judge, Visakhapatnam.

Monday, the 24th day of April, 2017

OP No.761/2013

Between:

1.Maddilapalem Samkshema Mandali, a registered society registered under Societies Registration Act, registered under Regd. No.1202/1996, rep. by its General Secretary Sri.Gudla Suryanarayana Reddy, S/o late Rama Swamy, Hindu, aged 62 years, Maddilapalem Samkshema Mandali, R/a D.No.53-40-22, Kana

2. Dalai Poli Reddy, S/o late Lakshmi Narayana Reddy, President, Maddilapalem Samkshema Mandali, Hindu, aged 73 years, R/a D.No.53-16-40, Besides Automotive Company, P & T Colony, Maddilapalem, Visakhapatnam – 13.

3.Gudla Suryanarayana Reddy, S/o late Rama Swamy, Hindu, aged 62 years, General Secretary, Maddilapalem Samkshema Mandali, R/a D.No.53-40-22,KanakammavariVeedhi,Maddilapalem, Visakhapatnam – 13.

... Petitioners

And :

1.Bosa Erraiah Reddy, S/o late B.Appa Rao, Hindu, aged 63 years, R/a D.No.53-5-29, Maddilapalem, Visakhapatnam.

2.Ch.Ananda Reddy, S/o late Rama Reddy @ Rama Swamy, Hindu, aged 50 years, R/a D.No.53-21-21, Maddilapalem, Visakhapatnam.

3.A. Poli Reddy, S/o late A.V.R.Reddy, Hindu, aged 50 years, R/a D.No.53-12-28, Maddilapalem, Visakhapatnam

4.G.Trinadha Reddy, S/o late K.Reddy, Hindu, aged 45 years, R/a D.No.53-5-25/A, Maddilapalem, Visakhapatnam.

5.V.Sudhakara Reddy, S/o late K.Reddy, Hindu, aged 40 years, R/a D.No.53-16-12, Maddilapalem, Visakhapatnam.

6.G.S.N.Reddy, S/o Swamy, Hindu, aged 48 years, R/a D.No.53-2-1, Maddilapalem, Visakhapatnam.

7.K.Gopal Reddy, S/o late Appa Rao, Hindu, aged 50 years, R/a D.No.53-38-7/3, Maddilapalem, Visakhapatnam.

8.D.Sulochana Rani, W/o late D.R.Reddy, Hindu, aged 58 years, R/a D.No.53-11-23, Maddilapalem, Visakhapatnam.

9.Gudla Venkata Ramana Reddy, S/o Kanakayya Reddy, Hindu, aged 45 years, Chetlavari Veedhi, Maddilapalem, Visakhapatnam.

10. Kondapu Ramana Reddy-Deleted … Respondents

This petition is coming on 10.03.2017 before me for hearing in the presence of Sri D.N.S.Gupta, Advocate for petitioners and of

Sri.A.Ram Mohan, Advocate for respondents and upon hearing them, this court, made the following:- 2 Fair Order in OP.No.761/2013/VII ADJ/VSP

O R D E R

This petition is filed under Section 23 of Societies Registration

Act to declare 2nd and 3rd petitioners as newly elected persons of executive body declared as on 18.09.2011, for grant of permanent injunction restraining respondents from interfering with the administration of 1st petitioner's society and to take measures for constitution of new managing committee.

2.The brief facts in the petition are as follows: 1st petitioner was society formed by residents of Maddilapalem Village in the year 1996 registered with Registrar of Societies, Visakhapatnam vide registration No.1202/1996 for the welfare of the residents of Maddilapalem. Maddilapalem village is predominantly dominated by Reddy Community and Maddilapalem consists of 11 streets and it is represented by 5 elected members nominated by respective street public for every four years and 55 members formed a managing committee in furtherance of the election conducted with the help of Election Officers. The executive body consists of a President, Vice-

President I & II, General Secretary, Addl. Joint Secretary, Treasurers I & II and remaining persons are committee members. The society is having bank account operated by President, General Secretary and Treasurers. A new committee was duly constituted for the years 2011, 2013 through election process vide resolution dated 14.09.2011 at page 302. The petitioners 2 and 3 were declared as elected to manage committee of the 1st petitioner Society and they have assumed office as per resolution dated 19.09.2011 and they have been continuing to manage it. Out of 55 members except 8th respondent have not signed on the requisition for the election of the executive body for the year 2011-2013 who had a red-eye over the assets of the society and were always trying to interfere with the 3 Fair Order in OP.No.761/2013/VII ADJ/VSP administration of affairs of the society, with the help of the 10th respondent.

Hundies in the temples were broken away by the respondents and they have committed theft of valuables therein. The respondents had locked kitchen rooms. Reports were lodged by petitioners 2 and 3 on 26.10.2011 and 30.10.2011 and cases were registered in III Town Police Station,

Visakhapatnam City. Respondents 1 to 9 proclaimed themselves to be office bearers of the Maddilapalem Welfare Association in order to mislead

Maddilapalem Villagers and that they are the authorized persons to act on behalf of the 1st petitioner's society which is bad and colorful. The respondents with the help of rowdy elements are causing obstructions to petitioners 2 and 3 from discharging their functions. A representation was made to Registrar of Societies, who expressed inability to act. The respondents even made representation to Andhra Bank Branches not to allow petitioners 2 and 3 to operate accounts. The respondents have been threatening petitioners to handover records, registers and valuables and even illegally demanded them to handover jewelry of idols together with records and forcibly taken away the cheque books on 21.07.2013 at about 11.00 am, inspite of protest made by petitioners 2 and 3. Respondents have been acting prejudicial to the objects of the society.

2.1st respondent filed counter and it was adopted on memo by respondents 2 to 9 denying material averments in the petition and further contended as follows: there is no cause of action to the petition. No appeal was preferred against endorsement dated 20.10.2011 by the petitioners within the statutory period of 60 days i.e., on or before 20.12.2011. No resolution was passed by the General Body of Society with reference to elections and declaration of the petitioners 2 and 3 to represent 1st petitioner's society. General body meeting (Praja Darbar) of 1st petitioner's 4 Fair Order in OP.No.761/2013/VII ADJ/VSP society to appoint 5 members as Prajasekharana Committed for every four years from 11 streets of Maddilapalem Village residence and 55 members were formed to represent mandali. Executive body was formed by Praja

Darbar i.e., President, Vice President I & II, General Secretary, Joint

Secretary, Addl. Joint Secretary, Treasurers I & II. Irregularities were committed during the period 1996-98; 2001-05 and 2008-10 and funds of the society were misappropriated. No steps were taken to conduct elections for forming society. S.Kanaka Rao Reddy, Treasurer-II resigned due to the harassment by 3rd petitioner and D.Sadananda Reddy (Vice

President-II) and Treasurer-II was appointed by 3rd petitioner who does not know even to maintain cash book of society. G.Suryanarayana Reddy (Ex-General Secretary) has misappropriated funds of Mandali from

September 2008 to December 2010. 3rd petitioner also misappropriated during his tenure as General Secretary. 3rd petitioner was suspended in

Praja Darbar and that he was debarred from participating in election for a period of 8 years from the date of resolution dated 08.05.2011. 13 members Adhoc Committee by name K.Ramana Reddy as Chairman and election committee by Dr.G.Krishna Reddy Chairman with five members was formed. Adhoc committee was looking after day to day functioning of

Mandali. Election committee was requested to conduct elections for the year 2011-2013, accordingly election committee conducted elections for

General Body from 18.09.2011 to 20.09.2011 and the elected members were declared i.e., Sri. Bosa Erraiah Reddy as president and other seven members of executive body and they assumed charge in the office vide resolution dated 21.09.2011. A certificate was issued on 22.03.2013 by the

Registrar of Societies for newly elected members. Letters were addressed to 3rd petitioner to handover all records, jewelry vide letters dated 15.05.2011 and 26.09.2011. But, he refused to handover. 3rd petitioner 5 Fair Order in OP.No.761/2013/VII ADJ/VSP did not pay salaries to priests and other workers for about four months working in the temple. On request of devotees and other representatives newly elected execution body opened hundies of temples in the presence of

Adhoc Committee, resident public and other members of society and paid salaries to pujaries and workers under proper acknowledgment. The adhoc committee informed SHO of III Town Police Station, Visakhapatnam, regarding payment of salaries to priests and workers. The police warned

Gudla Suryanarayana Reddy not to interfere with the day to day activities of the society. Respondents 1 and 2 are elected body of the society and 9th respondent was appointed by general body (Praja Darbar). There was no interference by rowdies/goondas, at the instance of respondents. Jewelry of the idols is in the custody of the 3rd petitioner, Ex-General Secretary of the Society. The petitioners have fabricated resolution dated 14.09.2011 at page 302 on 19.09.2011 at pages 303 & 304. There are no bonafides or grounds to allow the petition and it is liable for dismissal.

3. The point for determination is :

1. Whether the petitioners 2 and 3 are entitled for declaration that they were duly elected as President and Secretary of Maddilapalem Samkshema Mandali?

2. Whether the petitioners are entitled for interim injunction as prayed for?

3. To what relief?

4.During evidence the 1st petitioner got examined himself as PW.1 and exhibited Ex.A.1 to A.14. On behalf of the respondents, R.W1 to RW.3 were examined and Exhibited Ex.R1 to R89.

5. Both sides counsels filed written arguments and they also submitted at length oral arguments.

6 Fair Order in OP.No.761/2013/VII ADJ/VSP

POINT No.1:

6.PW.1 in his evidence categorically deposed to several facts by exhibiting A1 Bye-laws of Maddilapalem Samkshema Mandali a Society

Registered under Registered No.1202/1996. According to PW.1 under

Ex.A2, a resolution was passed requesting for election at page 299-300 of

Resolution book and Ex.A3 regarding appointment of Election Officer by the then President to act as Election Officer in Resolution dated 09-09- 2011.

7.Election Notification was issued on 14-09-2011 in Ex.A5 affixed to page No.302 of Resolution Book. According to PW.1, the Election Officer declared elected members at page No.305 in Ex.A6 dated 18-09-2011.

Under Ex.A7 Resolution, a newly elected body took charge of their respective posts on 19-09-2011. PW.1 contended that himself and 2nd petitioner are elected members of Maddilapalem Samkshema Mandali of first petitioner's society. However, during his cross-examination PW.1 made several admissions and they are very relevant, as to whether

Election of PW.1 and 2nd petitioner was conducted really in terms of Bye- laws of first petitioner 's society or not?. According to PW.1, 5 election officers were nominated. But upon confronted Ex.A3, PW.1 admitted only three Election Officers were reflected in Ex.A3. PW.1 wanted to give an explanation two members were with drawn, but it was not reflected in

Ex.A3 as admitted by PW.1 in his cross-examination. It clearly shows that 6 (Six) Election officers were not appointed in terms of Bye-laws of first petitioner's society as can be seen in Ex.A1. Ex.A3 shows that the Bye- laws were violated and it goes to very root of election process as claimed by petitioners.

8.Whenever, a newly body is elected duly as per the Bye-laws of 7 Fair Order in OP.No.761/2013/VII ADJ/VSP society took charge, a copy of Executive Body shall be communicated to

Registrar of Societies and he would make endorsement of new Executive

Body. But PW.1 categorically admitted no such registration was done

before District Registrar under Societies Act. On the other hand, PW.1

admitted that prior to filing of present petition he came to know that R1 to

R9 are members of newly elected body of first petitioner's society.

9.If really petitioners 2 and 3 did take charge as president and

General Secretary of first petitioner's Society, they shall continue to perform functions as per Bye-laws of said Society. But PW.1 admitted that even though salary was paid to Priests of 8 temples run by first petitioner's

Society till October 2011, thereafter no salaries was paid to them. Another admission by PW.1, they did not perform as President and General

Secretary of First petitioner's Society, since they did not allow the Priest to decorate gold jewellary and ornaments when they would be decorated during festival occasions. He admitted that gold jewellary decorated and after conducting festivals, Priest would return to them. After 2011 as admitted by PW.1 gold ornaments were not at all decorated to any Deity during festivals by Society. PW.1 denied suggestion that inspite of request by Priest, he did not oblige him to hand over the gold jewellary to decorate deity during festival occasions.

10.PW.1 admitted that he refused to receive letter dated 18-11- 2013, since he does not know contents in it. He also denied suggestion that in February, 2011 a letter was addressed and represented by

Respondents 1 to 8 to hand over charge. He admitted in his cross- examination, his residential address is door No.53-40-22, P & T colony,

Maddilapalem. He denied registration of R1 to R8 as elected executive body for the year 2012-2013 before District Registrar. All these admissions 8 Fair Order in OP.No.761/2013/VII ADJ/VSP would show PW.1 failed to discharge any function as President and 2nd petitioner as General Secretary of first petitioner's Society.

11.The contention of RW.1 is that on 08-05-2011 a General Body meeting was held under Chairmanship of K.Ramana Reddy and also appointed election committee along with 5 members and Adhoc committee has resolved and PW.1 was suspended for 8 years. Adhoc Committee elected Election committee headed by G.Krishna Reddy and four members and election was conducted and they assumed charge on 21-09-2011. But

P.W.1 denied all these facts. The contention of the respondents is that

PW.1 had misappropriated several amounts and hence he deposited

Rs.43,444/-. PW.1 admitted deposit of Rs.43,444/- but he claimed that said amount was deposit by D.V.Ramana Reddy, Bosa Yerraiah Reddy and

Poothi Appanna @ Appa Rao. But no record was filed by PW.1 to show that those three persons had deposited said amount.

12.Learned counsel for petitioner vehemently questioned authority of respondents to hold Praja Darbar which announced a parallel executive body for first petitioner's society. He further argued that there was no body called as 'Praja Dharbar' and there is no scope for appointment of any

Adhock committee under bye-laws of 1st petitioner society. Respondents 1 to 8 shall have no right to represent first petitioner's society or to do any functions as members of such society or executive body of it.

13.Since the petitioner's are suitors and since it is for them to prove that they were duly elected body under Bye-laws of first petitioner's society. However, except PW1 none else was examined to prove the case of petitioners. As can be seen from PW1's admissions discussed above it is apparent that the Bye-laws were not followed in letter and spirit and the election was not conducted as admitted by PW.1 as per Bye-laws of first 9 Fair Order in OP.No.761/2013/VII ADJ/VSP petitioner's society. Even though PW.1 contended that they lodged report with police under Ex.A9, but no action was taken by police and PW.1 did not make any efforts to initiate proceedings against respondents in competent forum or court.

14.Even PW.1 during his cross-examination admitted that there was no resolution authorising PW.1 and 2nd petitioner to file OP on behalf of first petitioner's society. PW.1 admitted that 8 members constituted

Executive Body and other six members were not impleaded as parties to it.

15.Even though petitioner's counsel contended that there is no

Body like Praja Dharbar, PW.1 was confronted with the resolution register and PW.1 admitted that Ex.A12 and A13 show 'Grama Praja Darbar'. In

Ex.A12, it was struck off. Ex.A14 also shows agenda for a General Body

Meeting in page numbers 277 to 279. RW1 in his evidence deposed to plea taken by them in counter and he exhibited Ex.R3 to R89. RW.1 narrated all the facts in the counter averments and specifically deposed that they were duly elected by General Body and their appointment was also got registered with Registrar of Societies in Ex.B1 and B2 and he also deposed regarding the various procedural aspects and functions as members of society. They also executed other documents and deposed pertaining letters addressed to Andhra Bank, election notification, report to police, representation by President of Society, Caveat copies, returned postal envelops, Net copy of paper clippings, Pamphlets, Paper clippings for

Karteekam and Sri Rajya Lakshmi Devata Parasa festivals, Mahasivaratri festival, Sri Kanakamma Devata Festival and other festivals and activities conducted by them. RW.1 was cross examined at length but nothing could be elicited from his cross-examination except admissions that they did not file any document before this court for conducting elections for new 10 Fair Order in OP.No.761/2013/VII ADJ/VSP

Executive Body for the years 2015 to 2017. He denied other suggestions put to him.

16.RW2 was examined to depose on various aspects regarding election process and functions of new body. RW2 deposed that General

Body and Praja Darbar are one and the same. He did not know whether

Praja Darbar has to take any prior permission from the Executive body in respect of affairs of society. But he contended that after constitution of

Adhock committee, he was elected as Chairman and he was not aware of prior affairs of Maddilapalem Samskhem Mandali. According to him,

General Body consists of 55 members. He further deposed regarding resolution passed by Prajadharbar and that there is no specific procedure to initiate any disciplinary action with reference to irregularities by any member of Executive body. According to RW.2 all members have to obey opinion of Prajadarbar.

17.RW.3 was also cross-examined on the same lines as that of

RW.2 and he also gave answers as deposed by RW.2. R.W.3 also admitted that no action was taken by the then Executive Body against PW.1 for his misconduct. By taking into consideration, totality of facts and circumstances and also considered Ex.A1 to A11 and Ex.R1 to R89, it is apparent that the petitioners 2 and 3 have failed to prove that their Body was elected in accordance with Bye-laws of First petitioner's society under

Ex.A.1 and hence they cannot claim and contended that they are newly elected members of first petitioner's society. Hence, they are not entitled to be declared as duly elected heads of Executive Body in terms of election on 18-09-2011. This Point is answered against petitioners.

POINT NO.2:

11 Fair Order in OP.No.761/2013/VII ADJ/VSP

18.Petitioners 2 and 3 have failed to prove that they were duly elected President and General Secretary of First petitioner's society. They are not entitled for grant of Perpetual injunction. This point is answered accordingly.

POINT No.3:

19. Since petitioners 2 & 3 have failed to prove that they are newly elected body of first petitioner's society and since the terms of respondents 1 to 9 already exparte long ago, the registrar shall appoint a election committee to over sees election of First petitioner's society within three months from the date of order.

20.In the result, petition is dismissed with costs. Registrar of

Societies, Visakhapatnam is hereby directed to appoint an Election

Committee to over see Election procedure for first petitioner's society within three months from the date of order.

Dictated to Stenographer Gr-II, transcribed by him/her corrected and

Pronounced by me in open court, this the 24th day of April, 2017.

VI Additional District Judge, Visakhapatnam. FAC VII Additional District Judge,(FTC) Visakhapatnam.

: Appendix of evidence:

For Petitioner For Respondents

P.W.1 Gudla Suryanarayana ReddyR.W.1 Kaki Gopala Reddy RW.2 Kondapu Raman Reddy RW.3 Gudla Krishna Reddy 12 Fair Order in OP.No.761/2013/VII ADJ/VSP

No. of documents marked:

For Petitioners

Ex. A.1 is Original Bye-laws of the Maddilapalem Samkshema Mandali a Society Registered under Regd. No.1202/1996 in a book let consists of 10 pages.

Ex. A.2 is Original Requisition for election (at page 299-300 of Resolution book)

dated 02-09-2011

Ex. A.3 is Carbon copy of a letter signed by the then president for Appointment of Election Officer (consent letter) addressed to the concerned the election officers to act as Election Officer (affixed to page no.301 of Resolution Book) dated 09-09-2011.

Ex. A.4 is carbon copy of a letter signed by the then president for Appointment of another Election Officer in the place of originally appointed election officer (affixed to page no.301 of Resolution Book) dated 17-09-2011.

Ex. A.5 is Original Election Notification on a paper (affixed to page no.302 of Resolution Book) dated 14-09-2011.

Ex. A.6 is Declaration of elected members by the election officers on a letterhead (affixed to page no.305 of Resolution Book) Dated 18-09-2011.

Ex. A.7 is Resolution showing Taking over the charge of newly elected body (at page no.303 – 304 of Resolution book) dated 19-09-2011.

Ex. A.8 is Original Endorsement from the Register dated 20-10-2011

Ex. A.9 is Original Police complaint dated 26-10-2011 with Receipt No.

1080/05-11-2011.

Ex. A.10 is Original police complaint 30-11-2011 with Receipt No.66/30-11-2011.

Ex. A.11 is Certified copy of Society Registration Certificate.

Ex.A.12 is Contest in the minutes dated 22-01-2011 (page No.281)

Ex.A.13 is Resolution (page No283)

Ex.A14 is Agenda for General Body of the society

Respondents:

Ex.R1 is Signature (Resolution dated 04-08-2011)

Ex.R2 is Resolution (04-02-2011)

Ex.R3 is Certified copy of Registration Extract dated 14-10-1996

Ex.R4 is Certified copy of Registration Extract dated 14-10-1996

Ex.R5 is Photocopy of Prajadarbar Resolution for Appointment of Threesabhya Committee (Audit) dated 23-01-2011.

Ex.R6 is Original Prajadarbar Resolution for Suspension of the then General Secretary G.Suryanarayana Reddy dated 08-05-2011.

Ex.R7 is Office copy of letter addressed to G.Suryanarayana Reddy by Adhoc committee dated 15-05-2011.

Ex.R8 is original letter addressed by members of society dated 17-05-2011

Ex.R9 is office copy of letter addressed to Andhra Bank, Pithapuram Colony dated 13 Fair Order in OP.No.761/2013/VII ADJ/VSP 31-05-2011.

Ex.R10 is office copy of letter addressed to Andhra Bank, Seethammadara, dt.06-06-2011.

Ex.R11 is Photocopy of Resolution passed by society which was acknowledged by G.S.Reddy in the presence of members.

Ex.R12 is photocopy of counter foil Rs.36,200/- issued by Andhra Bank, Pitapuram colony branch dated 24-08-2011.

Ex.R13 is photocopy of counter foil for Rs.2,244/- issued by Andhra Bank, Pithapuram colony Branch dated 25-08-2011.

Ex.R.14 is photo copy of bank passbook showing the deposit of Rs. 5,000/- to the credit of society's account in Andra Bank, Seethammadhara Branch, Visakhapatnam dated 09-08-2011.

Ex.R.15 is original letter addressed by Ad-hoc committee along with letter addressed by chairman , Prajasekharana Committee with list of members of the society dated 15-09-2011.

Ex.R.16 is original Election notification issued by Election committee Maddilapalem Samkshema mandali dated 18-09-2011.

EX.R.17 is office copy of letter addressed to Andhra Bank, Pithapuram colony Branch by Ad-hoc committee dated 19-09-2011.

EX.R.18 is office copy of letter addressed to Andhra Bank, Seethammadhara Branch by Ad-hoc Comittee dated 19-09-2011

Ex.R.19 is original Notification, notifying the names of the names of the elected body dated 20-09-2011.

Ex.R.20 is Resolution passed by General Body for assuming the elected Executive body dated 21-09-2011.

EX.R.21 is office copy of Courier letter addressed to G.Suryanarayana Reddy by Ad-hoc committee for handling over the charge dated 26-09-2011.

Ex.R.22 is original Letter addressed to president, Maddilapalem Samkshema Mandali by pujaris and workers dated 26-09-2011.

EX.R.23 is original courier receipt dated 07-10-2011.

EX.R.24 is office copy of Caveat petitions filled by the Bosa Erraiah Reddy, President, Maddilapalem Samkshema Mandali, dated 20-10-2011.

EX.R.25 is original Acknowledgements ( 4 in numbers ) for the above referred Caveats dated 21-10-2011.

Ex.R.26 is original Letter addressed to President, Maddilapalem Samkshema Mandali by pujaries and workers dated 23-10-2011.

EX.R.27 is office copy of letter addressed to S.H.O, III Town Police Station dated 25-10-2011.

EX.R.28 is Original Receipt issued by SHO, III Town Police Station,dt 25-10- 2011.

EX.R.29 is original Acknowledgement issued by pujaries and workers regarding Receipt of four month salaries dated 26-10-2011

EX.R.30 is office copy of letter addressed to Commissioner of police, Visakhapatnam with Acknowledgement dated 03-11-2011 dated 31-10- 14 Fair Order in OP.No.761/2013/VII ADJ/VSP 2011.

EX.R.31 is original Representation of the devotees to the President of the society

dated 09-12-2011.

EX.R.32 is original Representation by V.Venkata Lakshmi donor of the ornaments, to the president of the society dated 23-12-2011

EX.R.33 is original letter addressed by Sivalayama Pujari to the president of the society dated 30-01-2012.

EX.R.34 is certified copy of Caveat petitions filled by the Bosa Erraiah Reddy, President, Maddipalem Samkshema mandali dated 30-01-2012

EX.R.35 is office copy of Registered letter addressed to G.Surayanaryana Reddy by the President, Maddilapalem Samkshema Mandali for handing over the charge dated 07-02-2012.

EX.R.36 is original returned refused postal dated 08-02-2012

EX.R.37 is office copy of Registered letter addressed to G.Suryanarayana Reddy by the president, maddilapalem samkshema mandali for handling over the charge dated 19-05-2012

EX.R.38 is original returned refused postal cover dated 30-05-2012.

EX.R.39 is certified copy of Registration of societies filling for the year 2012-2013

dated 22-03-2013

EX.R.40 is office copy of registered letter addressed to G.surayanaryana reddy

dated 10-08-2013

EX.R.41 original returned refused Postal cover dated 18-11-2013

EX.R.42 is net copy of paper clippings for the years 2011-2013

EX.R.43 is original Pamphlet for Karteekam festivals for the years, 2011 to 2013,

dated 27-10-2011

EX.R.44 is net copy of paper clippings for Karteetham Festivals 2011,2012 and 2013.

EX.R.45 Original pamphlet for Sri. Raja Lakshmi Devata '' Parasa'' Festivals for the year 2012, 2014.

EX.R.46 is net copy of paper Clippings for Sri. Rajya Lakshmi Devata '' Parasa'' Festivals for the years 2012,2014.

EX.R.47 is original pamphlet for Sri. Kanakamma Devata ''Parasa'' Festival for the year 2013

EX.R.48 is original paper clipping for Sri. Kanakamma Devata ''parasa '' festival for the year 2013

EX.R.49 is original pamphlet for Republic day festivals for the year 2014

EX.R.50 is net copy of paper clipping for Mahasivaratri Festivals or the year 2013

Ex.R.51 is original paper clipping for Sri. Kanakamma Devata ''parasa '' festival for the year 2013

Ex.R.52 is original pamphlet for Sri Rajya Lakshmi Devata Festival for the year 2013.

Ex.R.53 is Net copy of paper clipping for Sri Rajya Lakshmi Devata Festival for the year 2013.

15 Fair Order in OP.No.761/2013/VII ADJ/VSP

Ex.R54 is original Pamphlet for Sri Ramanavami Festival for the years 2012

Ex.R55 is Net copy of paper clipping for Sri Ramanavami Festival for the years 2012 and 2013

Ex.R56 is original pamphlets for Independence day festivals for the years 2012- 2013

Ex.R57 is original Pamphlets for Sri Durgalamma and Sri Rajyalakshmi “Bonalu” Festival for the years 2012 and 2013.

Ex.R58 is Original Pamphlets for Sri Durgalamma and Sri Rajyalakshmi “Dasara” Festival for the years 2012 and 2013.

Ex.R59 is Net copy of paper clipping for Sri Durgalamma and Sri Rajyalakshmi “Dasara” Festival for the years 2012.

Ex.R60 is Original Pamphlets of Social/Welfare activities of Maddilapalem Samkshema Mandali.

Ex.R61 is Net copy of paper clipping for Social/Welfare activities of Maddilapalem Samkshema Mandali.

Ex.R62 is original Pamphlets for fames and cultural activities.

Ex.R63 is original Acknowledgement of amendment of Society along with application issued by Registrar of Societies, Visakhapatnam dated 24-01- 2014.

Ex.R64 is photocopy of Unanimous resolution in Praja Darbar Suspending the Gudla Suryanarayana Reddy, Ex-Secretary for 8 years from 08-05-2011 to 07-05-2019 dated 10-05-2011.

Ex.R65 is photocopy of photographs of Mahasivaratri for the year 2014.

Ex.R66 is photocopy of letter addressed to SHO, III Town PS, dated 04-02-2014.

Ex.R67 is original receipt issued by SHO, III Town PS dated 04-02-2014.

Ex.R68 is original Pamphlet for Sri Kanakamma Devatha Festival, 2014.

Ex.R69 is original of paper clippings for Kanakamma Devatha Festival, 2014.

Ex.R70 is photocopy of photos of Srirama Navami, 2014.

Ex.R71 is photocopy of photos of Sri Rama Navami 2014.

Ex.R72 is original paper clippings of Welfare activities

Ex.R73 is office copy of Pamphlet of Independence day 2014.

Ex.R74 is office copy of Pamphlet for Games for independence day, 2014

Ex.R75 is original paper publication made by respondents

Ex.R76 is original Pamphlet for Durgadevi Dasara Festival.

Ex.R77 is original pamphlet for Sri Karthikam festival

Ex.R78 is photocopy of photos showing Karithakam Festival

Ex.R79 is certified copy of Registration of Executive body of Society for the year 2013-2014.

Ex.R80 is certified copy of Registration of Executive body for the years 2013- 2014.

16 Fair Order in OP.No.761/2013/VII ADJ/VSP

Ex.R81 is office copy of Pamphlet for Republic day, 2015

Ex.R82 is original pamphlet for Republic day, 2015

Ex.R83 is original paper clippings for Kanakamma Parasa, 2015.

Ex.R84 is original paper clippings for Mahasivaratri, 2015.

Ex.R85 is original Pamphlets of Sriram Navami, 2015

Ex.R86 is original police permission to use mike in connection with Sri Rajyalakshmi ammavari Festival 2015

Ex.R87 is original paper clippings of Bhoolokamatha festival, 2015

Ex.R88 is original Pamphlet of independence day, 2015

Ex.R89 is net copy of Renewal for the year 2014-2015 submitted to District Registrar office approved the same.

VI Additional District Judge, Visakhapatnam. FAC IV Additional District Judge, Visakhapatnam.

Date of presentation:08-08-2013 Date of filing:10-08-2013

IN THE COURT OF VII ADDITIONAL DISTRICT JUDGE, VISAKHAPATNAM

PRESENT: A.Vara Prasada Rao, VI Addl. District Judge, Visakhapatnam FAC VII Addl. District Judge, Visakhapatnam.

Monday, the 24th day of April, 2017

OP No.761/2013

Between:

1.Maddilapalem Samkshema Mandali, a registered society registered under Societies Registration Act, registered under Regd. No.1202/1996, rep. by its General Secretary Sri.Gudla Suryanarayana Reddy, S/o late Rama Swamy, Hindu, aged 62 years, Maddilapalem Samkshema Mandali, R/a D.No.53-40-22, Kana

2. Dalai Poli Reddy, S/o late Lakshmi Narayana Reddy, President, Maddilapalem Samkshema Mandali, Hindu, aged 73 years, R/a D.No.53- 16-40, Besides Automotive Company, P & T Colony, Maddilapalem, Visakhapatnam – 13.

3.Gudla Suryanarayana Reddy, S/o late Rama Swamy, Hindu, aged 62 years, General Secretary, Maddilapalem Samkshema Mandali, R/a D.No.53-40-22, Kanakammavari Veedhi, Maddilapalem, Visakhapatnam – 13.

... Petitioners

And :

1.Bosa Erraiah Reddy, S/o late B.Appa Rao, Hindu, aged 63 years, R/a D.No.53-5-29, Maddilapalem, Visakhapatnam.

2.Ch.Ananda Reddy, S/o late Rama Reddy @ Rama Swamy, Hindu, aged 50 years, R/a D.No.53-21-21, Maddilapalem, Visakhapatnam.

3.A. Poli Reddy, S/o late A.V.R.Reddy, Hindu, aged 50 years, R/a D.No.53- 12-28, Maddilapalem, Visakhapatnam

4.G.Trinadha Reddy, S/o late K.Reddy, Hindu, aged 45 years, R/a D.No.53-5- 25/A, Maddilapalem, Visakhapatnam.

5.V.Sudhakara Reddy, S/o late K.Reddy, Hindu, aged 40 years, R/a D.No.53-16-12, Maddilapalem, Visakhapatnam.

6.G.S.N.Reddy, S/o Swamy, Hindu, aged 48 years, R/a D.No.53-2-1, Maddilapalem, Visakhapatnam.

7.K.Gopal Reddy, S/o late Appa Rao, Hindu, aged 50 years, R/a D.No.53- 38-7/3, Maddilapalem, Visakhapatnam.

8.D.Sulochana Rani, W/o late D.R.Reddy, Hindu, aged 58 years, R/a D.No.53-11-23, Maddilapalem, Visakhapatnam.

9.Gudla Venkata Ramana Reddy, S/o Kanakayya Reddy, Hindu, aged 45 years, Chetlavari Veedhi, Maddilapalem, Visakhapatnam.

10. Kondapu Ramana Reddy-Deleted … Respondents

This petition is filed under Section 23 of Societies Registration Act to declare 2nd and 3rd petitioners as duly elected heads of executive body headed by the petitioners 2 & 3 as declared by the election officers on 18-09-2011, for grant of permanent prohibitory injunction restraining the respondents from interfering with the due administration of day to day affairs of 1st petitioner's society and to take measures for constitution of new managing committee commencing for the year 2013 – 2015 as per Bye-laws.

A fixed court fee of Rs.2/- is paid on the petition under APCF & SV

Act.

This petition is coming on 10.03.2017 before me for hearing in the presence of Sri D.N.S.Gupta, Advocate for petitioners and of Sri.A.Ram Mohan, Advocate for respondents and upon hearing them, this Court doth order and :

DECRETAL ORDER

1. that the petition be and the same is hereby dismissed.

2. that Registrar of Societies, Visakhapatnam is hereby directed to appoint an Election Committee to over see Election procedure for first petitioner's society within three months from the date of order.

3. that the petitioners do pay to the respondents a sum of Rs.4,002/- towards costs of the petition.

Given under my hand and the seal of the Court, this the 24th day of April, 2017.

VI ADDL. DISTRICT JUDGE,

FAC VII Addl.District Judge

(FTC), VISAKHAPATNAM

Memorandum of Costs

For Petitioners:For Respondents:

−No cost memo is filed - Vakalat Rs. 2-00

Advocate Fee Rs. 4,000-00

Costs allowed: Rs. 4,002-00

VI ADJ/VSP

FAC VII ADJ/VSP

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP

IN THE COURT OF VI ADDITIONAL DISTRICT JUDGE-CUM-

CHAIRMAN, MOTOR ACCIDENT CLAIMS TRIBUNAL,

VISAKHAPATNAM

Present: A.Vara Prasada Rao,

VI ADDL. DISTRICT JUDGE- CUM- CHAIRMAN, MACT

VISAKHAPATNAM

Wednesday, this the 28th day of March, 2018

M.V.O.P.No.155/2013

Between: Ch.Kasi Naidu, S/o Simhachalam, Hindu, aged 24 years, working as Welder, R/a D.No.65-1-221, Uppara Colony, Coromandel gate Sriharipuram, Visakhapatnam

... Petitioner

And :

1.Amjadali, S/o Abdul Rahim, owner of auto bearing No.AP 31 TA 0631, R/o D.No.65-3-442/A, Ex-Servicemen Colony, Sriharipuram, Visakhapatnam.

2.Bajaj Allianz General Insurance Company Ltd., rep. By its Divisional Manager, VIP Road, CBM Compound, Visakhapatnam.

3.Visakha Ship Building Private Limited, rep. By its Manager, D.No.1- 120-9, Flat No.166/12, Ushodaya, Sector-12, MVP Colony, Visakhapatnam.

4.The Chairman cum Managing Director, Hindustan Shipyard Ltd., Gandhigram, Visakhapatnam-530 005.

5.Mohammad Jahid, S/o Afajal Ali, age 19 years, caste by Muslim, D.No.65-3-483/2, Ex-Servicemen Colony, Sriharipuram, Malkapuram, Visakhapatnam, N/o Parsauniya Village, Mirja Nagar Post, Mahua Vaishali PS, Bihar State, Driver of the Auto AP 31 TA 0631. … Respondents

This petition coming on 26..02.2018 before me for final hearing in the presence of Sri. Golagana Apparao, Advocate for petitioner and of Sri.Sk.Vazeer Chand, Advocate for 1st respondent and of Sri. V.Parthasardi, Advocate for 2nd respondent and of Sri. K.K.M, Advocate for 3rd respondent and of Sri. Saibaba & Srinivas, Advocates for 4th respondent and they having stood over for consideration till this day, this Court delivered the following;

O R D E R

This is a petition filed under Section 166 of the Motor

Vehicles Act (for short the Act) as amended under Act 54 of 1994 read 2

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP with Rule 455 of M.V. Rules claiming compensation of Rs.5,00,000/- with costs and interest.

2.The brief facts in claim petition as follows: On 28.05.2011 at 5.05 pm near HSL Gate, Visakhapatnam, 5th respondent Mohammad Jahid drove auto bearing registration No.AP 31 TA 0631 in a rash and negligent manner and hit Iron divider, as a result of which Ch. Kasi Naidu, S/o

Simhachalam, aged 24 years, working as Welder, received severe injury on left leg and his thigh bones were fractured. Immediately, he was admitted in Siddartha Multi Specialty Hospital, Maharanipeta and he underwent surgery to his left thigh and was treated as inpatient for one month. Petitioner became bed ridden and lost his earnings. Petitioner could recover two years after surgery was conducted. A case was registered in Crime No.235/2011 under Section 338 of IPC against 5th respondent on the file of III Chief Metropolitan Magistrate,

Visakhapatnam at Gajuwaka. Hence, this petition.

3.1st respondent filed counter denying the manner in which the accident had occurred, petitioner receiving fracture injury and taking treatment and undergoing surgery. The petitioner filed this suit to grab money by way of compensation. Petitioner may claim, if at all he is entitled to compensation against Insurance Company. That the petition is liable for dismissal.

4.2nd respondent filed counter denying material averments in petition including the manner in which the accident had occurred, petitioner receiving fracture injury, underwent treatment in hospital, his 3

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP age, income etc., 2nd respondent issued Insurance Policy bearing No.OG- 11-1804-1803-00004229 for the period from 26.10.2010 to 25.10.2011 for auto bearing No.AP 31 TA 0631. Driver of vehicle (5th respondent) was not holding a valid or effective driving license. There is no transport endorsement, PSV Badge to 5th respondent’s license. 2nd respondent sought for protection under Section 147, 149, 134 (C) besides Section 158(6) of MV Act, which were not complied by claimant insured and driver. Petitioner sought for leave of the Tribunal to take all defenses available to 1st respondent under Section 170 of MV Act and to contest on all grounds specific under Section 149 (2) of The Act. Petitioner claimed Rs.5,00,000/- towards compensation which is excessive, exorbitant and exaggerated. Taht the petition is liable for dismissal.

5.3rd respondent filed counter denying material averments in the petition and further contended as follows: 3rd respondent admitted status of petitioner worked as welder in Visakha Ship Building Pvt.

Limited. On 28.05.2011 after petitioner was discharged from his duties and he left for his home. At 17.15 hours a telephone call was received from office of 3rd respondent that the petitioner while taking a seat beside private auto driver and sat close to the engine and put his left leg out of the auto and thereby sustained injuries due to hit to footpath grill on the road. Petitioner directly had gone to ESI Hospital, Scindia,

Visakhapatnam, where he took first aid vide his IP No. 7005501136 with his ESI code No. I 70000337390000701. Subsequently, petitioner was referred to KGH by ESI Hospital Authorities. Petitioner without taking 4

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP treatment in casualty, KGH and without intimation gone out from KGH and got admitted in Siddhartha Hospital, Visakhapatnam. Petitioner had taken treatment under the Supervision of Dr. K.Raja Rao, Medical Officer.

Unless the casualty medical officer, KGH refers case to any other

Corporate Hospital, injured person ought not to have left the King

George Hospital Premises to where, he was referred. Petitioner cannot be permitted to choose a Corporate Hospital for treatment of injuries contrary to the Rules. No person is allowed to sit by the side of the driver of the auto and the petitioner by contravening the Act had negligently contributed for the accident and no compensation need be payable by the insurer. On humanitarian grounds 3rd respondent

Company paid Rs.43,000/- vide cheque bearing No.325634 dated 15.06.2011. In the event the accident occurred during the course of employment petitioner has to pursue his remedy for claiming of compensation under the provisions of Workmen’s Compensation Act, but not under the Act. The petitioner has availed the ESI leave with wages from ESI Corporation and is entitled to enjoy any other benefits making a claim under the provisions of Workmen’s Compensation Act. The accident occurred in public place, but not within premises of 3rd respondent Organization. That the petition is liable for dismissal.

6.4th respondent filed counter denying material averments in the petition and further contended as follows: Petitioner was covered under provisions of Employees State Insurance Corporation (for short ESIC) and he was alloted IP No.7005501136 and he is entitled for all benefits under 5

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ESIC Act. ESI Hospital, Visakhapatnam is having experienced and qualified Doctors in Orthopaedic and are capable of conducting surgeries. Entire expenditure for surgery, medicines, hospitalization charges etc., will be borne by ESI authorities. Petitioner took first aid from ESI Hospital, Malkapuram, Visakhapatnam and his ESI code is 70000337390000701 and subsequently, he was referred to King George

Hospital by ESI Hospital Authorities. But the Petitioner left KGH and got admitted in Siddartha Multi Specialty Hospital, Maharanipeta, without informing 3rd respondent or ESI Hospital Authorities. 4th respondent came to know that the petitioner after completion of his duty he boarded an auto by sitting beside the auto driver negligently by keeping his left leg outside the auto and sustained injuries due to hit of the footpath grills.

Petitioner has negligently contributed for the accident. 3rd respondent sent a suitable reply to the notice got issued by petitioner. That the petition is liable for dismissal.

7. Basing on the above pleadings, the following issues were settled:

 Whether the accident took place due to rash and negligent driving of the driver of crime vehicle AUTO bearing No.AP 31 TA 0631 where the claimant received injuries as alleged?  Whether the claimant is entitled for compensation and if so, what is the quantum of amount and against whom?  To what relief?

8. P.Ws.1 to 4 were examined and Exs A.1 to 10 along with four X- rays were marked on behalf of claim petitioner. RW.1 to RW.3 were examined on behalf of the respondents and Ex.B.1 to Ex.B.5 were marked.

9.2nd respondent filed petition under Sec. 170 of M.V.Act and it was allowed 6

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP and 2nd respondent was permitted to take all grounds and defenses available to the insurer without prejudice to those available under Section 149 (2) of The

Act and to contest the claim.

10. Heard arguments advanced by both sides counsel.

11.At the time of final hearing counsel for 3rd respondent submitted that petitioner is not entitled to receive compensation, since he was entitled to avail medical treatment in ESI Hospital. Since he was referred to King George Hospital, Visakhapatnam, he ought to have utilized facilities available in it. Since petitioner left King George Hospital,

Visakhapatnam without permission or information to ESI authorities 3rd and 4th respondent, petitioner is not entitled to claim compensation. In the above set of circumstances an additional issue is to be settled as follows:

1)Whether the petitioner is entitled to claim compensation for his failure to avail medical treatment in ESI Hospital and King

George Hospital, Visakhapatnam?

ISSUE No.1:

12.Claim petitioner in his chief examination has deposed several facts as mentioned in claim petition and exhibited Ex.A.1 to Ex.A.10 i.e., FIR, wound certificate, MVI Report, chargesheet, service certificate, Lawyers notice, disability certificate, discharge summary, bunch of medical bills and prescriptions and four X-rays respectively.

13.PW.1 was suggested that he was sitting by the side of driver in the 7

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP auto by keeping his legs outside the Auto. He denied it but PW.1 was confronted with Ex.A.1 FIR, wherein it was mentioned that by the time of accident he was sitting on the left side of Auto driver. He admitted that inmates of auto received minor injuries. Even though he denied suggestion that he received injuries due to he negligently keeping his legs outside the Auto, recital in Ex.A.1 and admission made by PW.1 clinchingly prove that the petitioner sat by the side of Auto driver by keeping his legs outside Auto Rickshaw. Now a days in order to travel with minimum charges, the passengers are sitting not only by the side of the auto driver but also on the planks placed behind Auto Driver’s seat.

The Auto driver carries not less than 10 persons in an Auto though he is permitted to carry 3 passengers only. There would not be any space available to Auto driver event to control the Auto or to move handle to take turn on left or right side, wherever necessary. Maneuverability of

Auto is restricted almost completely since passengers on the either side of the Auto driver leave no space to do so. In the above set of circumstances it can be safely concluded that since the petitioner kept is legs outside the auot, he alone received fracture injury and other passengers in the Auto received minor injuries. By taking into consideration of totality of facts and circumstances, I am of the considered view that the petitioner has negligently contributed to the accident and there is no negligence on the part of the driver of the Auto.

This issued is answered against the petitioner.

Additional Issue No.1:

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP

14.PW.1 in his cross-examination admitted that he worked under 3rd respondent contractor to whom work was entrusted by Hindustan

Shipyard Ltd., (4th respondent). PW.1 admitted that 3rd respondent used to pay salary to him after deducting Provident Fund (PF) and ESI contribution. Even though PW.1 contended that his employer was not paying amounts deducted from his salary towards ESI, he admitted that he was allotted employee code and ESI Card. He further admitted that

ESI has to take care of registered employees. He claimed that ESI

Authorities did not take care of him. However, he did not file or initiate any action against respondents 3 and 4 regarding deficiency of medical services. No notice was even issued by petitioner to respondents 3 and

4. It was suggested to him that had he issued notice to respondents 3 & 4 and ESI authorities regarding deficiency of services ESI authorities could have taken all necessary steps for his medical treatment. He denied suggestion that he has been enjoying all benefits under ESI Act by continuing as welder and also as employee of 3rd respondent. He denied suggestion that ESI Authorities paid amounts towards leave wages and he has been enjoying benefits given by ESI till the date of his evidence.

15.According to RW.1 -J.V. Krian Kumar, Sr. Legal Executive for T.P.

Claims, 2nd respondent Company, Ex.B.2 policy was in force by the date of accident. As per Ex.B.3 driver of Auto Rickshaw was holding driving license LMV Non-Transport and Auto Rickshaw Non-Transpor. Petitioner is 3rd party to Ex.B.2 Policy and 2nd respondent is liable to pay 9

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP compensation subject to terms and conditions in Ex.B.2. Ex.B.3 was also valid by the date of accident.

16.The evidence of RW.2 corroborated the evidence of RW.1 regarding validity of driving license of driver of Auto Rickshaw under Ex.X.4 and

Ex.X.5 is permit extract for Auto and Ex.X.4 and Ex.X.5 were valid from 06.11.2009 to 05.11.2013 and 07.11.2009 to 06.11.2014 respectively.

17.The evidence of RW.3-M.Samba Siva Rao, Junior Officer (Accounts) of 3rd respondent Company and they paid Rs.43,000/- vide Cheque bearing No.325634 dated 15.06.2011 at Siddhartha Hospital,

Visakhapatnam towards medical charges for the injuries sustained by petitioner. According to RW.3, petitioner was drawing salary of Rs.6,000/- to Rs.8,000/-, he being semi-skilled labourer. In December 2012 they terminated petitioner from service. 4th respondent reported no cross- examination. However, after cross-examination by 2nd respondent, RW.3 had remained absent and hence evidence of RW.3 was eschewed pertaining to the cross-examination by 2nd respondent and remaining evidence stands as it is.

18.Respondents 3 and 4 did not file any record, through RW.3. Hence, respondent 3 and 4 failed to adduce documentary evidence that they paid any amounts to petitioner. This issue is answered accordingly against respondents 3 and 4.

Issue No.2:

19.The evidence of PW.2-Dr.M.Chandra Sekharam Naidu, Asst.

Professor, Department of Othopedics, King George Hospital, 10

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP

Visakhapatnam deposed that on 28.05.2011, he examined Ch.Kasi Naidu (PW.1) and he found fracture shaft of femur on left side with vasular injury. Himself and Dr.P.V.Sudhakar had conducted surgery to PW.1.

Intermedullary nailing was done by him. Dr. P.V.Sudharkar had conducted vascular repair to PW.1. PW.1 developed food drop onleft side. PW.1 was discharged from Hospital on 16.06.2011. PW.1 did not attend for follow up treatment. PW.1 came to obtain disability certificate. On 05.10.2012, he examined PW.1 and issued disability certificate to the tune of 40%.

PW.1 is not eligible to appear for defense services (on field services).

PW.1 can perform clerical jobs. PW.1 can perform job in sitting position and he cannot climb stair cases and he may require Rs.20,000/- for removal of nail if at all it is present and PW.1 is having partial and permanent disability and Ex.A.7 is the disability certificate issued by him.

20.PW.2 during cross-examination clarified that 40% disability was calculated to the limb and not to whole body. PW.2 further clarified that a person with foot drop can improve the function by using foot drops splints. He denied other suggestions put to him.

21.The evidence of PW.3 Dr. K.Raja Sagar, MLC Consultant, Siddardha

Hospital is that on 28.05.2011 at 8.50 pm he examined Ch.Kasi Naidu (PW.1 ) and found crush injury of left thigh. X-ray shows fracture of left femur, he issued wound certificate i.e., Ex.A.2 with opinion that the injury is grievous, he did not treat PW.1 and Ex.A.10 shows injuries mentioned in Ex.A.2.

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22.The evidence of PW.2 and PW.3 coupled with Ex.A.1, A.2, A.7 to

A.10, X.1, prove that PW.1 sustained fracture injury and was having 40% of partial permanent disability to his limb.

23.Petitioner examined PW.-4-M.Satyanarayana, Public Relations

Officer, Siddhartha Hospital to show that he paid Rs.1,30,200/- towards surgical and hospitalization charges under the cover of Ex.X.1 and Ex.A.8 to Ex.A.10. However, since the claim petitioner himself negligently contributed for the accident, claim petitioner is not at all entitled for any compensation. This point is answered against the petitioner.

Issue No.3:

24.In the result, the petition is dismissed with costs

Dictated to the Stenographer Gr.II, transcribed by him, corrected and

pronounced by me in Open Court on this the 28thday of March, 2018.

VI ADDL. DIST. JUDGE-CUM-

CHAIRMAN/MACT,

VISAKHAPATNAM

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Petitioner: For Respondents:

PW.1: Ch. Kasi NaiduRW.1: J.V. Kiran Kumar

PW.2: Dr.Chandra Sekhara RaoRW.2: L.Sunitha Manjula

PW.3: Dr. K.Raja SagarRW.3: M.Samba Siva Rao

PW.4: M.Satyanarayana

Documents marked on behalf of

Petitioners: Ex.A.1/ FIR

Ex.A.2/ wound certificate 12

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Order in M.V.O.P.No.155/2013/VI ADJ/VSP

Ex.A.3/ MVI Report

Ex.A.4/ chargesheet

Ex.A.5/ service certificate

Ex.A.6/ Lawyers notice

Ex.A.7/ disability certificate

Ex.A.8/ discharge summary

Ex.A.9/ bunch of medical bills and prescriptions

Ex.A.10/ four X-rays

Respondents:

Ex.B.1: Reply notice

Ex.B.2: Policy copy with terms and conditions

Ex.B.3: Driving license extract

Ex.B.4: Letter datedd 18.03.2013 issued to R.1 along with postal receipt

Ex.B.5: Postal acknowledgment to Ex.B.3

X-Series:

Ex.X.1: Case sheet

Ex.X.2: Authorization letter

Ex.X.3: B.Register

Ex.X.4: F.C History

Ex.X.5: Permit History.

VI ADJ-CUM-

CHAIRMAN/MACT,

VISAKHAPATNAM

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Fair Judgment in S.C.NO.156/2013/MC/VSP

IN THE COURT OF THE SESSIONS JUDGE, MAHILA COURT,

VISAKHAPATNAM.

PRESENT: - A.Vara Prasada Rao,

Sessions Judge,

Mahila Court, Visakhapatnam

Wednesday, this the 4th day of April,2018

SESSIONS CASE NO.156/2013

(P.R.C.No.18/2009 in Cr.No.172/2008 on the file of III Metropolitan

Magistrate, Visakhapatnam of Kancharapalem Police Station,

Visakhapatnam City ).

Name of the Complainant : The State rep. by the Inspector of Police, Kancharapalem Police Station, Visakhapatnam City

Name of the Accused

A.1Chatla Srinivasa Reddy, S/o Jagannadha Reddy, Reddy by caste, Lorven Plaza, Madhavadhara, VUDA Colony, Visakhapatnam.

(Case against A1 is separated and numbered as

SC.No.13/2013)

A.2Chatla Rajasekhar Reddy, S/o Jagannadha Reddy, 25 years, R/o D.No.39-33-38, Ground Floor, Lorven Plaza, Madhavadhara, VUDA Colony, Visakhapatnam.

A.3 Chatla Satyavathi, W/o Jagannadha Reddy, 58 years, Reddy, R/o D.No.39-33-38, Ground Floor, Lorven Plaza, Madhavadhara, VUDA Colony, Visakhapatnam.

(case against A.3 is separated)

This case coming on 02.04.2018 before me for hearing in the presence of T. Papa Rao, Advocate for Accused and of Sri. S.Rammurthy Naidu, Additional Public Prosecutor on behalf of State and they having stood over for consideration till this day, this court delivered the following:

J U D G M E N T

Criminal Law was set into motion upon lodging of report by

Surapureddy Narasimha Rao, (LW.1) and it was registered as a case in

Crime No.172/2008 under Sections 354, 452, 324 & 506 of IPC of 2

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Kancharapalem Police Station, Visakhapatnam.

2.The case of the prosecution is: That on 19.04.2008 Accused 1 & 2 beat Surapureddy Narasimha Rao (LW.1) and his wife and

Surapureddy Annapurna (LW.2) with Cricket bat and even assaulted

Surapureddy Priya Rekha Rani (LW.30 by pulling her by holding tuft of hair) and A.3 abused them in filthy language.

3.The investigating officer after recording statements of material witnesses, observing scene and after arrest of A.2 filed charge sheet

before the Court of III Metropolitan Magistrate, Visakhapatnam. Said

charge sheet was registered as PRC No.18/2009 by III Metropolitan

Magistrate, Visakhapatnam. As Section 354 of IPC is exclusively

triable by Court of Sessions, he committed the case to the

Metropolitan Sessions Division and it was registered as S.C.156/2003 and Court of Sessions has made over it to this Court.

4.After appearance of A.2 and upon hearing both sides, U/S228 (2) Cr.P.C., charges were framed under Sections 354, 452, 324 & 506 of IPC against accused, read over and explained to him, for which he pleaded not guilty and claimed to be tried.

5.Prosecution had examined P.Ws.1 & 2 and exhibited Exs.P.1 to

P.22. LW.1 to LW.9 were given up by Addl. PP. and the prosecution evidence was closed. Examination of Accused U/S 313 Cr.P.C was dispensed since there was no incriminating evidence deposed by

PW.1 and PW.2. Accused reported no defence evidence. On behalf of defence none were examined and no documents were marked. Hence defence evidence was closed.

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6.Heard arguments advanced by Addl. Public Prosecutor and learned Counsel for the accused.

7.The points that arise for determination are:

1)Whether the prosecution could prove that A.2 and A.1 on 19.04.2008 at 20.00 hours Lorven Plaza, Madhavadhara, VUDA Colony, Viskahapatnam beat Surapureddy Annapurna with cricket bat on her left hand and A.3 abused her and further A.1 and A.2 pounced upon Surapureddy Priya Rekha Rani (Physical Handicapped who is on wheel chair) and caught hold of her tuft of hair and pulled her outside of flat and thrown her down and A.3 abused her in unparliamentarily and beather her with hands with an intention to outrage her modesty and thereby committed an offence punishable under Section 354 of Indian Penal Code?

2)Whether the prosecution could prove that A.2 trespassed into the house of Surapureddy Narasimha Rao made preparation for causing hurt to Surapureddy Narasimha Rao, Surapureddy Annapurna, Surapureddy Priya Rekha Rani and thereby committed an offence punishable under Section 452 of Indian Penal Code?

3)Whether the prosecution could prove that A.2 along with A.1 and A.3 traspassed into the house of Surapureddy Narasimha Rao and valuntarily caused grievous hurt with Cricket Bats to Surapureddy Narasimha Rao, Surapureddy Annapurna, Surapureddy Priya Rekha Rani and thereby committed an offence punishable under Section 326 of Indian Penal Code?

Point No.1 to 3:

8.During the course of schedule was fixed and summons were issued to prosecution witness as follows:

Summons to LW.1 & 2..22.01.2018

Summons to LW.3 to 7..29.01.2018

Summosn to LW.8 to 10..05.02.2018

9.But summons issued to LW.1 & LW.2 were returned with VRO,

Cluster 16, NAD stating that whereabouts of LW.1 and LW.2 are not known, then steps were ordered against LW.1 and LW.2. Similar 4

Fair Judgment in S.C.NO.156/2013/MC/VSP reports were filed in respect of material eye witnesses. Then the

Investigation Officer S.Bala Surya Rao was examined as PW.1, the then SI of Police, Kancherapalem Police Station who registered case and conducted investigation in this case. He exhibited Ex.P.1 to

Ex.P.5.

10.Prosecution examined M.Seshu (PW.2) present Inspector of

Police, Airport Police Station, Visakhapatnam to exhibit, mark and deposed that LW.1 to LW.7 had vacated their houses and their whereabouts are not known along with reports and return summons of VROs in Ex.P.6 to Ex.P.22.

11.Evidence of PW.1 is that he registered Ex.P.1 report lodged by

LW.1 S.Narasimha Rao as a case in Crime No.172/2008 under

Sections 354, 452, 324 & 506 of IPC of Kancharapalem Police Station and he issued FIR under Ex.P.2. He also deposed that Inspector of

Police S.Venkat Rao (LW.9) received report from LW.1 and he registered it as case in Crime No.172/2008 under Sections 354, 452, 324 & 506 of IPC and he issued Ex.P.2 FIR. On 19.04.2008 upon receipt of copy of Ex.P.2 from LW.9, he proceeded with investigation in this case. He visited the scene of offence located at Plot No.B.1,

Ground Floor, Lorven Plaza, Madhavadhara VUDA Colony, prepare rough sketch of scene in Ex.P.3, secured LW.1 to LW.7 i.e. Surapureddy

Narasimha Rao, Surapureddy Annapurna, Surapureddy Priya Rekha

Rani, Mula Eswara Rao, Vadrapu Roja Rani, Vadumula Pavani, Kuracha

Prabhavathi respectively and recorded their detailed statements. He arrested A.1 and A.2, whereas A.3 had surrendered before him after 5

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LW.1 and LW.2.

12.PW.2 – M.Seshu, Inspector of Police, Airport Police Station, deposed that he deputed PC No.3573 and HG -910 to serve summons of LW.1 and LW.2, since they vacated their houses, they obtained VR report from VRO, cluster-16 NAD Kotha Road, Visakhapatnam, Ex.P.6 is summon issued to LW.1 S.Narasimha Rao, Ex.P.7 is VR report for

LW.1, Ex.P.8 summon issued to LW.2 Surapureddy Annapurna, Ex.P.9 is

VR Report for LW.2, Ex.P.10 is memo filed by him through APP in to the court. He deputed PC 3573 to serve summons of LW.3, but LW.3 vacated his house and he obtained VR report from VRO, Cluster-16,

NAD Kotha Road, Viskahapatnam, Ex.P.11 is summon issued to LW.3

Surapureddy Rekha Rani, LW.4 Mula Eswara Rao, LW.5 V.Raja Rani,

LW.7 Kuracha Prabhavathi, Ex.P.12 is VR report for LW.3, Ex.P.13,

Ex.P.16. Ex.P.19 and Ex.P.22 Memo filed through APP into Court,

Ex.P.14 summon issued to LW.4, Ex.P.15 VR report for LW.3, Ex.P.17 summon issued to LW.5, Ex.P.18 is VR report for LW.5, Ex.P.20 summon issued to LW.7, Ex.P.21 is VR report for LW.7. Ex.P.22 is memo.

13.As can be seen from evidence of PW.1 and PW.2 it is apparent that the prosecution has failed to adduce evidence of LW.1 to LW.7 since they had vacated their houses. Even though steps were ordered, but prosecution failed to locate addresses of LW.1 to LW.7 did not and examine them. In above set of circumstances, it can be 6

Fair Judgment in S.C.NO.156/2013/MC/VSP safely concluded that the prosecution has miserably failed to bring home guilt of A.2 for anyone of charges under Sections 354, 452 & 326 of IPC framed against him. These points are answered against the prosecution.

14.In the result, accused (A.2) is found not guilty for charges under

Secs 354, 452 & 326 of IPC and the accused (A.2) is acquitted under

Section 232 CrPC. A.2 shall be released forthwith, if he is not required in any other case.

Dictated to the Stenographer Grade-II, transcribed by him, corrected and

pronounced by me in open Court this the 4th day of April, 2018.

Sessions Judge,

Mahila Court, Visakhapatnam

APPENDIX OF EVIDENCE

The Prosecution: The defence :

PW1 : S.Bala Surya RaoNil

PW2 : M.Seshu

No. of exhibits marked for :

Prosecution: Accused:

Ex.P1: Report given by LW.1.Nil

Ex.P2: FIR

Ex.P.3:Rough sketch

Ex.P4: Wound certificate of LW.1

Ex.P.5: Wound certificate of LW.2

Ex.P.6: Summon issued to LW.1

Ex.P.7: VR report for LW.1

Ex.P.8: Summon issued to LW.2 7

Fair Judgment in S.C.NO.156/2013/MC/VSP

Ex.P.9: VR report for LW.2

Ex.P.10: Memo filed through APP

Ex.P.11: Summon issued to LW.3

Ex.P.12: VR report for LW.3

Ex.P.13: Memo filed through APP

Ex.P.14: Summon issued to LW.4

Ex.P.15: VR report for LW.4

Ex.P.16: Memo filed through APP

Ex.P.17: Summon issued to LW.5

Ex.P.18: VR report for LW.5

Ex.P.19: Memo filed through APP

Ex.P.20: Summon issued to LW.7

Ex.P.21: VR report for LW.7

Ex.P.22: Memo filed through APP

No. Material Objects marked on behalf of

Prosecution: For Accused

NilNIL

Sessions Judge,

Mahila Court, Visakhapatnam 8

Fair Judgment in S.C.NO.156/2013/MC/VSP

C A L E N D A R

IN THE COURT OF THE SESSIONS JUDGE, MAHILA COURT,

VISAKHAPATNAM.

PRESENT: - A.Vara Prasada Rao,

Sessions Judge,

Mahila Court, Visakhapatnam

Wednesday, this the 4th day of April,2018

SESSIONS CASE NO.156/2013

(P.R.C.No.18/2009 in Cr.No.172/2008 on the file of III Metropolitan

Magistrate, Visakhapatnam of Kancharapalem Police Station,

Visakhapatnam City ).

Name of the Complainant : The State rep. by the Inspector of Police, Kancharapalem Police Station, Visakhapatnam City

Name of the Accused

A.1Chatla Srinivasa Reddy, S/o Jagannadha Reddy, Reddy by caste, Lorven Plaza, Madhavadhara, VUDA Colony, Visakhapatnam.

(Case against A1 is separated and numbered as

SC.No.13/2013)

A.2Chatla Rajasekhar Reddy, S/o Jagannadha Reddy, 25 years, R/o D.No.39-33-38, Ground Floor, Lorven Plaza, Madhavadhara, VUDA Colony, Visakhapatnam.

A.3 Chatla Satyavathi, W/o Jagannadha Reddy, 58 years, Reddy, R/o D.No.39-33-38, Ground Floor, Lorven Plaza, Madhavadhara, VUDA Colony, Visakhapatnam.

(case against A.3 is separated)

Date, time & place of offence : On 19.04.2008 Lorven Plaza, Madhavadhara VUDA Colony Visakhapatnam

Date of complaint : 19.04.2008

Date of Committal : 29.06.2013

Date of apprehension : 21.04.2008

Whether the accused is in Jail or bail : Accused is in Central Jail 9

Fair Judgment in S.C.NO.156/2013/MC/VSP

Date of commencement of Trial : 19.03.2018

Date of Closure of Trial : 02.04.2018

Date of Judgment : 04.04.2018

This case was made over to this court from Metropolitan

Sessions Court, Visakhapatnam. Sri.T.Paparao, Advocate for the

accused and posted for hearing on charges. On 08.01.2018 charges under Secs 354, 452 & 326 of IPC were framed against the accused, read-over and explained to him in Telugu for which he pleaded not guilty and claimed to be tried and posted for fixing trial schedule.

Finally on 19.03.2018 was PW.1 examined and on 02.04.2018 PW.2 was examined. Prosecution through PW.1 and PW.2 marked Ex.P.1 to

Ex.P.22. On 02.04.2018 examination of Accused under Sec. 313 Cr.P.C is dispensed with and posted for Judgment to 04.04.2018. On 04.04.2018, Judgment was pronounced.

In the result, accused (A.2) is found not guilty for charges under

Secs 354, 452 & 326 of IPC and the accused (A.2) is acquitted under

Section 232 CrPC. A.2 shall be released forthwith, if he is not required in any other case.

SESSIONS JUDGE,

MAHILA COURT,

VISAKHAPATNAM