Vantasala Pitchamma Died vs Mukkera Satyanarayana
2022 Latest Caselaw 380 Tel

             HON'BLE SMT JUSTICE P.SREE SUDHA

                         S.A.No.1225 OF 2009

JUDGMENT:

01. This second appeal is filed against the decree and

judgment dated 01.12.2008 passed in A.S.No.9 of 2004 by the

Principal Senior Civil Judge, Kothagudem, Khammam District,

whereunder the learned Principal Senior Civil Judge reversed the

decree and judgment dated 29.10.2003 passed in O.S.No.307 of

1999 by the Principal Junior Civil Judge, Kothagudem.

02. Heard learned counsel appearing for the appellants as

well as learned counsel appearing for the respondents.

03. Learned counsel appearing for the appellants by placing

reliance on the judgment of the Apex Court in Civil Appeal

Nos.5037-5038 of 2004 and batch, submitted that the Apex Court

declared the jurisdiction of the Civil Courts functioning in the

scheduled areas from 1972 onwards as illegal and void and it was

declared consequently that all the judgments, decrees and orders

passed by the Civil Courts in the scheduled areas from 1972

onwards were null and void.

04. Issue was framed by the trial Court in O.S.No.307 of

1999 regarding jurisdiction. But the trial Court held that it is having

pecuniary jurisdiction to entertain the suit. After full-fledged trial,

the trial Court dismissed the suit and on appeal, the appellate Court

allowed the same by reversing the decree and judgment passed by

the trial Court.

05. In view of the judgment of the Apex Court in Civil

Appeal Nos.5037-5038 of 2004 and batch, the Second Appeal is

allowed by setting aside the decree and judgment dated 01.12.2008

passed in A.S.No.9 of 2004 by the Principal Senior Civil Judge,

Kothagudem, Khammam District. No costs.

Miscellaneous petitions, if any, pending shall stand

closed.

__________________________ SMT JUSTICE P.SREE SUDHA

Date: 01.02.2022 rkk

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