Andhra Pradesh High Court
CMSA/30/2017 of VIJAYAWADA MUNICIPAL CORPORATION Vs PAMIDIMUKKALA MANOHAR on 15 April 2026
HIGH COURT OF ANDHRA PRADESH THURSDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE CIVIL MISCELLANEOUS SECOND APPEAL NO 59, 73, 77, 80 & 83 OF CIVIL MISCELLANEOUS SECOND APPEAL NO: 65 OF 2011 Between: 1. MUNICIPAL CORPORATION, REP BY ITS
APHC010426122011
IN TH
THURSDA
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THE HONOUR
THE HONOUR
CIVIL MISCELLANEOU
59, 73, 77, 80 &
CIVIL MISCELLANEOUS
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1. MUNICIPAL COR O/O.VIJAYAWADA.
1. BHAVARIDEVI BH R/O.POTTI SWAMY
2. TARADEVI BHATTA R/O.POTTI SWAMY
3. PADMADEVI BHA HINDU R/O.POTTI
4. NIRMALADEVI BHA R/O.POTTI SWAMY
IA NO: 1 OF 2011(CMSA Petition under Secti in the affidavit filed in su suspend the order and d E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) AY, THE SIXTEENTH DAY OF APRIL O THOUSAND AND TWENTY SIX PRESENT RABLE SRI JUSTICE RAVI NATH TIL RABLE SRI JUSTICE BALAJI MEDAM US SECOND APPEAL NOS: 65, 42, & 83 OF 2011, 7 OF 2013 AND 30 OF S SECOND APPEAL NO: 65 OF 201 RPORATION, REP BY ITS CO . AND HATTAD, W/O.VALLABHA BHAT Y STREET, VIJAYAWADA-1. AD, W/O.SRI VITTAL PRASAD BHA Y STREET, VIJAYAWADA-1. ATTAD, W/O.SRI SAMPATH KUMA SWAMY STREET, VIJAYAWADA-1. ATTAD, W/O.SRI VENUGOPAL BHA Y STREET, VIJAYAWADA-1. ...RES AMP 114 OF 2011 on 151 CPC praying that in the circum pport of the petition, the High Court m decree dated 06.06.2011 in CMA No.7 DESH
L LHARI MALLI 51, 52, 53, 57, F 2017
OMMISSIONER ...APPELLANT TTAD, HINDU ATTAD, HINDU AR BHATTAD, ATTAD, HINDU SPONDENT(S): mstances stated may be pleased 70/2008 passed by Hon'ble III Addl.senior Civil Judge, Vijayawada, pending disposal of the above appeal IA NO: 4 OF 2011(CMSAMP 47733 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
Counsel for the Respondent(S):
1. VENKATA SIVA PRASAD K
CIVIL MISCELLANEOUS SECOND APPEAL NO: 42/2011 Between:
1. MUNICIPAL CORPORATION,, REP., BY ITS COMMISSIONER VIJAYAWADA ...APPELLANT AND
1. DR V NIRMALA DEVI, Rep., by GPA Holder Gudapati NAgeswara Rao Business R/o. D.No. 64-9-7, Ch.R.K.STreet, Patamatalanka, Vijayawada. ...RESPONDENT
IA NO: 1 OF 2011(CMSAMP 86 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated suspend the judgment and decree dated 07.06.2011 in CMA.No.57/2009 on the file of the III Additional Senior Civil Judge, Vijayawada
1. P PRABHAKAR RAO CIVIL MISCELLANEOUS SECOND APPEAL NO: 51/2011 Between:
1. VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA-1, REP. BY ITS COMMISSIONER, VIJAYAWADA -1 ...APPELLANT AND
1. JAYATHILAL JAIN, S/o. Misrimal Jain Property D.No. 11-58-3 Matam Street Vijayawada ...RESPONDENT
IA NO: 1 OF 2011(CMSAMP 100 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment and decree dt. 10/06/2011 in CMA.No. 17 of 2009 on the file of the 1st Additional Senior Civil Judge, Vijayawada IA NO: 4 OF 2011(CMSAMP 47464 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. MASTAN VALI SHAIK
2. AMBADIPUDI SATYANARAYANA
CIVIL MISCELLANEOUS SECOND APPEAL NO: 52/2011 Between:
1. VIJAYAWADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER O/O.VIJAYAWADA-1.
AND
1. UPPALAPATI KIRAN, W/o.S.S.A.Prasad, Hindu Properties R/o.H.No.29-23-19A, Tadepallivari Street, Suryaraopet, Vijayawada-2. ...RESPONDENT
IA NO: 1 OF 2011(CMSAMP 101 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the order and decree dated 10.06.2011 in CMA No.62/2009 pased by Hon'ble I Addl.Senior Civil Judge, Vijayawada, pending disposal of the above CMSA IA NO: 4 OF 2011(CMSAMP 47468 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 53/2011 Between:
1. MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA. ...APPELLANT AND
1. NARRA MOHANA MURALI, W/o. Vijay Kumar, Properties-House Wife, R/o. D.No. 54-18-1-1, Prashanthi Nagar, ITI Road, Vijayawada.
IA NO: 1 OF 2011(CMSAMP 102 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Jugement and decree dated 9-6-2011 in CMA No. 189 of 2008 on the file of III Additional Senior Civil Judge, Vijayawada and pass IA NO: 4 OF 2011(CMSAMP 47480 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2012(CMSAMP 12297 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 2 OF 2012(CMSAMP 12298 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 3 OF 2012(CMSAMP 12299 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 57/2011 Between:
1. MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER O/O.VIJAYAWADA. ...APPELLANT AND
1. VALLURU VENKATA RAMAKRISHNA, S/o.late Valluru Venkateswara Rao, hindu Business and Properties R/o.D.No.40-24-17/2, Patamata, Vijayawada.
IA NO: 1 OF 2011(CMSAMP 106 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the order and decree dated 03.06.2011 in CMA No.23/2008 pased by Hon'ble III Addl.Senior Civil Judge, Vijayawada, pending disposal of the above CMSA IA NO: 4 OF 2011(CMSAMP 47601 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. KILARU NITHIN KRISHNA
2. N CHANDRADHAR RAO CIVIL MISCELLANEOUS SECOND APPEAL NO: 59/2011 Between:
1. MUNICIPAL CORPORATION,, REP., BY ITS COMMISSIONER VIJAYAWADA ...APPELLANT AND
1. DR MOHAMMAD ATAVUR REHMAN AND ANOTHER, S/O. LATE ABDUL WAHAB R/O. D.NO. 40-1-140/1, GULAM MOHIDDIN ESTATE VIJAYAWADA
2. DR ASHRAFFINE SYED, W/O. M.A.REHMAN R/O. D.NO. 40-1-140/1, GULAM MOHIDDIN ESTATE, VIJAYAWADA. ...RESPONDENT(S): IA NO: 1 OF 2011(CMSAMP 108 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated suspend the judgment and decree dated 03.06.2011 in CMA.No.42/2009 on the file of the III Additional Senior Civil Judge, Vijayawada IA NO: 4 OF 2011(CMSAMP 47558 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
Counsel for the Respondent(S):
1. SUBHANI S M CIVIL MISCELLANEOUS SECOND APPEAL NO: 73/2011 Between:
1. VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, REP. BY ITS COMMISSIONER, VIJAYAWADA ...APPELLANT AND
1. CHENNUPATI RAJARATNAM, W/o. Late Gopalu Properties D.No. 56- 3-4 Gayathri Nagar, Vijayawada ...RESPONDENT IA NO: 1 OF 2011(CMSAMP 122 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated suspend the judgment and decree dt. 02/06/2011 in CMA.No. 126 of 2008 on the file of the III Additional Senior Civil Judge, Vijayawada IA NO: 4 OF 2011(CMSAMP 47567 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 77/2011 Between:
1. MUNICIPAL CORPORATION, VIJAYAWADA, REP. BY ITS COMMISSIONER, VIJAYAWADA ...APPELLANT AND
1. S M A KHADAR, S/o. Abdul Haq Business D.No. 12-11-23 Rajarangayyapparao street Vijayawada ...RESPONDENT
IA NO: 1 OF 2011(CMSAMP 126 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment and decree dt. 07/06/2011 in CMA.No. 7 of 2008 on the file of the III Additional Senior Civil Judge, Vijayawada
IA NO: 4 OF 2011(CMSAMP 47562 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. CH LAXMI CHAYA
2. P RAJASEKHAR
Between:
1. MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER O/O.VIJAYAWADA. ...APPELLANT AND
1. V RAMESH KUMAR, S/o.late V.Rama Rao, Hindu Business R/o.D.No.11-32-15, Challam Rajuvari Street, Vijayawada. ...RESPONDENT
IA NO: 1 OF 2011(CMSAMP 130 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay the order and decree dated 10.06.2011 in CMA No.35/2008 passed by Hon'ble I Addl.Senior Civil Judge, Vijayawada, pending disposal of the above appeal IA NO: 4 OF 2011(CMSAMP 47300 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. CIVIL MISCELLANEOUS SECOND APPEAL NO: 83/2011 Between:
1. VIJAYAWADA MUNICIPAL CORP. VIJAYAWADA, REP. BY ITS COMMISSIONER, CORPORATION BUILDINGS VIJAYAWADA. ...APPELLANT AND
1. MAGANTI SUBRAHMANYAM VIJAYAWADA, S/o Venkateswarlu Hindu, Business R/o D.No. 38-8-17, Asramstreet, Punnammathota Vijayawada. ...RESPONDENT
IA NO: 1 OF 2011(CMSAMP 133 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Judgment and decree dt. 10-6-2011 in CMA No. 183 of 2008 on the file of I Additional Senior Civil Judge, Vijayawada and pass IA NO: 4 OF 2011(CMSAMP 48108 OF 2011 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased
1. P R PRASAD
2. C.PANINI SOMAYAJI CIVIL MISCELLANEOUS SECOND APPEAL NO: 7/2013 Between:
1. MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VIJAYAWADA-1. ...APPELLANT AND
1. M/S HOTEL MAMATHA, Rep.by its Managing Partner, K.Ranga Rao, R/o. D.No. 27-14-55, Rajagopachari St., Governorpet, Vijayawada-2. ...RESPONDENT IA NO: 1 OF 2013(CMSAMP 19 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated suspend the Judgement and decree dated: 28-01-2013 in CMA NO. 51 of 2011 on the file of Principal Senior Civil Judge, Vijayawada and pass IA NO: 1 OF 2015(CMSAMP 47 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the Documents Viz., a] Paper Publication/notice dated 10.10.2007 caused in Vaartha b] Extract of the Assessment Book and c] statement given by the assessment as Additional Documents and pass IA NO: 2 OF 2015(CMSAMP 22851 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 3 OF 2015(CMSAMP 23779 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2016(CMSAMP 16 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased extend the time granted on dated 28.08.2015 in CMSA No.7/2013 for a further period of 30 days scope of settlement of matter on the file of the Deputy Director, High Court Mediation and Arbitration Centre, Hyderabad IA NO: 2 OF 2016(CMSAMP 62 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased extend the time granted on dated 17.03.2016 in CMSA No.7/2013 for a further period for settlement on the file of Deputy Director, High Court Mediation and Arbitration Centre, Hyderabad
1. V S R ANJANEYALU
Between:
1. VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA ...APPELLANT AND
1. PAMIDIMUKKALA MANOHAR, S/o.Narasimha Rao, Hindu. aged ab.out years, Properties, oR/o.Mary Street, Governorpet, Vijayawada-2 ...RESPONDENT against the judgment and decree dt. 10/09/2014 made in CMA.no. 47 of 2012 on the file of the III Addl. Sr. Civil Judge, Vijayawada IA NO: 1 OF 2017(CMSAMP 53 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 541 days in representing the appeal against the judgment and decree dt. 10/09/2014 in CMA.No. 47 of 2012 on the file of the III Addl. Sr. Civil Judge, Vijayawada IA NO: 2 OF 2017(CMSAMP 54 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated condone the delay of 331 days in filing the against the judgment and decree dt. 10/09/2014 in CMA.No. 47 of 2012 on the file of the III Addl. Sr. Civil Judge, Vijayawada IA NO: 3 OF 2017(CMSAMP 55 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Judgement and decree dated: 10-092014 in C.M.A.No. 47 of 2012 on the file of -III Addl. Senior Civil Judge. Vijayawada and pass such other or further order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
1. SAI GANGADHAR CHAMARTY
The Court made the following: COMMON JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari)
Sri Goli.G.V.S.Sai, learned counsel representing Sri S.V.S.S.Sivaram, learned Standing Counsel for Vijayawada Municipal Corporation, submitted a letter dated 09.03.2026 to the Registrar (Judicial) of this Court, requesting for listing of the CMSAs, as mentioned therein, stating that due to passage of time, these civil miscellaneous second appeals have become infructuous and there is no subsisting dispute with regard to the payment of such taxes.
2. In view thereof, these civil miscellaneous second appeals have been listed today.
3. Sri Goli.G.V.S.Sai, learned counsel representing Sri S.V.S.S.Sivaram, learned Standing Counsel for Vijayawada Municipal Corporation submits that these civil miscellaneous second appeal Nos.65, 42, 51, 52, 53, 57, 59, 73, 77, 80 and 83 of 2011, 7 of 2013 and 30 of 2017 are to be dismissed as infructuous.
4. Recording the same, the aforesaid civil miscellaneous second appeals are dismissed as infructuous.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J
____________________ BALAJI MEDAMALLI, J Date: 16.04.2026 MDP