Bathula Laxminarayana vs Enturi Vara Laxmi
2023 Latest Caselaw 2874 Tel

     THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

             SECOND APPEAL No.1050 of 2005

JUDGMENT:

This Second Appeal is filed against the Judgment and

Decree dated 05.07.2005 in A.S.No.21 of 1999 passed by the

learned Principal Senior Civil Judge, Kothagudem, in which the

Judgment and decree dated 15.04.1999 in O.S.No.19 of 1998

passed by the learned Principal Junior Civil Judge, Kothagudem

was confirmed.

2. One Enturi Varalakshmi/respondent herein filed a suit in

O.S.No.19 of 1998 against the appellant/defendant for recovery

of amount. The trial Court after considering the arguments of

both sides decreed the suit with interest. Aggrieved by the said

Judgment, defendant therein preferred an appeal before the first

appellate Court and the same was dismissed by confirming the

Judgment of the trial Court. Aggrieved by the concurrent

findings of both the Courts, appellant/defendant preferred the

present second appeal.

3. Learned counsel for the appellant relied upon a decision

of the Hon'ble Apex Court in Nagarjuna Grameena Bank and

Others Vs. Medi Narayana and Others 1 wherein it was held at

Para Nos.1, 2 and 10 as under:

"1. Before the High Court in a group of civil revision petitions filed under Section 115 of the Code of Civil Procedure, 1908 the issue under consideration was the applicability of the Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972) (for short "the 1972 Act") to the Scheduled Areas of the State of Andhra Pradesh. One of the contentions raised before the High Court was that the courts established under the 1972 Act cannot be conferred any territorial jurisdiction over the Scheduled Areas and the decrees passed by the civil courts were nullity in relation to cases where whole cause of action arose in the Scheduled Areas.

2. The High Court, by the impugned judgments dated 27.6.2000, 02.08.2000 and 25.08.2000 has declared the jurisdiction of the civil courts functioning in the Scheduled Areas from 1972 onwards as illegal and void. 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.

10. It is, however, clarified that those persons who have decrees, orders or judgments in their favour passed by the civil court(s) may lay their claim before the agency court(s). In the event of such claims being laid before the agency court(s), the same shall be decided by the agency court(s) uninfluenced by any judgment, decree or order passed by the civil court(s).

4. In view of the aforesaid decision, the decrees, orders or

judgments passed by the civil Courts in the Scheduled Areas

(2013) 11 SCC 367

from 1972 onwards are declared as null and void and the

parties are at liberty to approach the Agency Courts.

5. With these observations, the Second Appeal is disposed

of. No order as to costs.

Miscellaneous petitions pending, if any, shall stand

closed.

_________________________ JUSTICE P.SREE SUDHA

DATE: 04.10.2023 tri

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA

SECOND APPEAL No.1050 of 2005

DATE: 04.10.2023

TRI