AMAJALA SATHIRAJU Vs. GUNDA SUBBAYYA
LAWS(APH)-1963-2-1
HIGH COURT OF ANDHRA PRADESH
Decided on February 15,1963

AMAJALA SATHIRAJU Appellant
VERSUS
GUNDA SUBBAYYA Respondents

JUDGEMENT

Venkatesam, J. - (1.) This Civil Miscellaneous Appeal is against the order of the learned Subordinate Judge, Kakinada, in A. S. No. 102 of of 1960 on his file. That was an appeal against the order of the Principal Disrict Munsif, Kakinada, in I, A. No. 29 of 1955 in O. S. No. 295 of 1948, which was filed under Order XX, Rule 12, C. P. C. for ascertainment of the mesne profits. The District Munsif dismissed the petition on the ground that the second petitioner, Amajala Bojayya and the respondent Amajala Sathiraju (Judgment-debtor) are both brothers and legal representatives of the deceased decree-holder, Amajala Sathemma, that the interest of the decree-holder merged in both of them and the second petitioner having agreed not to press the petition, dismissed it as not maintainable.
(2.) On appeal by Gunda Subbayya the transferee D.H. against the order of the District Munsif, the lower appellate Court remanded I. A. No. 29 of 1955 with a direction that the trial Court will implead the appellant, Subbayya, as a petitioner therein and dispose of that application after considering the truth and validity of the transfer.
(3.) Aggrieved by the said order of remand the present appeal is filed.;


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