K.J.N. Prasad Vs The Vijayawada Municipal Corporation — Andhra Pradesh HC (2026) — LawSathi Research

K.J.N. Prasad Vs The Vijayawada Municipal Corporation — Andhra Pradesh HC (2026) — LawSathi Research

APHC010365612015

[3572]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSD A Y,THE SIXTEENTH DAY OF APRI L TW O THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

CIVIL MISCELLANEOUS SECOND APPEAL NOS: 43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

CIVIL MISCELLANEOUS SECOND APPEAL NO: 43 OF 2015

Between:

SEETHEPALLI R A VI KUMAR, S/O. KUTUMAIAH D .NO. 40-4-12, KRISHNA NAGAR, LABHIPET, VIJAYAWADA-10

...APPELLANT

AND

THE MUNICIPAL CORPORATION OF VIJAYAWAD A , Rep. by is Commissioner, Ja w aharlal Nehru buildings, Vijayawada-1, The address of the appellant for service is that of his counsel S. S riramachandra Murthy, Advocate, H igh court, Buildings, Hyderabad.

...RESPONDENT

to set aside the Judgment and decree of the Ist Addl. Senior Civil Judge, in CMA No. 142/2012 dt. 24-6-2015 and pass

IA NO: 1 OF 2015(CMSAMP 92 OF 2015

Petition under Section 151 CPC praying that in the circu m stances stated in the affidavit filed in su p port of the petition, the High Court m a y be pleased to order stay of all further p roceedings including insistence by t h e respondent to pay tax at the enhanced rate, pursuant to the Judgment and decree in CMA NO. 142 of 2012 dt. 24- 6 -2015 on the file of the Ist Addl. Seni o r Civil Judge at Vijayawada and pass

2

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

IA NO: 2 OF 2015(CMSAMP 131 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 post CMSA No.43/2015 under the caption "For Being Mentioned" forthwith

Counsel for the Appellant:

1.S SREERAMACHANDRA MURTHY

Counsel for the Respondent:

1.S.V.S.S.SIVARAM SC For VMC

CIVIL MISCELLANEOUS SECOND APPEAL NO: 45/2015

Between:

CH. VENKATA SUBRAHMANYA BABU, S/O. VENKATESWARULU, RETIRED EMPLOYEE R/O. 60-27-17, H.NO. 50, SBI COLONY-VIJ-10.,

...APPELLANT

AND

THE MUNICIPAL CORPORATION OF VIJAYAWADA, rep.by its Commissioner ,Jawaharlal Nehru buildings,Vijayawada-1...Respondent. [J,f)), The address of the appellant for service is that of his counsel S.Sriramachandra Murthy,Advocate,I-ligh court buildings ,Hyderabad. The address of the respondent is as stated above. The appellant begs to present the following grounds of appeal aggrieved by the decree and

...RESPONDENT

to set aside the judgment and decree of the ist addl. Senior Civil Judge, in CMA No. 152 of 2011 dt. 24-6-2015 and pass

IA NO: 1 OF 2015(CMSAMP 94 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 order stay of all further proceedings including insistence by the respondent to pay tax at the enhanced rate pursuant to the Judgmednt and decree in CMA No 152 of 2011 dt. 24-6-2015 on the file of the Ist Addl. Senior Civil Judge, at Vijayawada and pass

3

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

IA NO: 2 OF 2015(CMSAMP 130 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 post CMSA No.45/2015 under the caption "For Being Mentioned" forthwith

IA NO: 1 OF 2016(CMSAMP 100 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 Praying to this Hon'ble Court in CMSA No.45/2015 since Mediation could not conduct on 17.09.2016 at Vijaywada on behalf of respondent Revenue Inspector seeking further extension of time for hearing of the case

Counsel for the Appellant:

1.S SREERAMACHANDRA MURTHY

Counsel for the Respondent:

1.S.V.S.S.SIVARAM SC For VMC

CIVIL MISCELLANEOUS SECOND APPEAL NO: 20/2021

Between:

SEETHEPALLI RAVI KUMAR, S/O KUTUMAIAH,AGED 53YRS, D.NO. 40-4-12,KRISHNA NAGAR,LABHIPET,VIJ AYAWADA-10...

...APPELLANT

AND

THE MUNICIPAL CORPORATION, of Vijayawada,rep.by its Commissioner ,Jawaharlal Nehru buildings,Vijayawada-1

...RESPONDENT

pleased to set aside the judgment and decree of the 2 nd addl.senior civil judge in CMA 12/2012 dt 15-02-2018 and pass

IA NO: 1 OF 2021

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 pleased to condone the delay of 8 days in preferring the CMSA /2019 against

4

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

the order of the II nd Addl .senior civil judge at Vijayawada in CMSA 12/2012 dt 15-02-2018

IA NO: 2 OF 2021

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 pleased to condone the delay of 618 days in representation of CMSA /2018 against CMA 12/2012

IA NO: 3 OF 2021

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 pleased to order stay of all further proceedings pursuant to the integrated demand notices dt 3-07-2019 of the respondent in respect of the assessment nos 1073108852 and also the notice dt 26-06-2021 and pass

Counsel for the Appellant:

1.S SREERAMACHANDRA MURTHY

Counsel for the Respondent:

1.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP )

CIVIL MISCELLANEOUS SECOND APPEAL NO: 52/2015

Between:

K.V.SUBBAIAH CHOWDARY (DIED), -

K.J.N PRASAD, S/O LATE VENKATA SUBBAIAH CHOWDARY, R/O D NO.29-28-3, DASARIVARI STREET, SURYARAOPET, VIJAYAWADA.

...APPELLANT(S)

AND

THE VIJAYAWADA MUNICIPAL CORPORATION, Rep by its Commissioner Vijayawada.

...RESPONDENT

aggrieveved by the order and decree dt.24.06.2015 passed in CMA No.296 of 2012 by the I Addl Senior Civil Judge, Vijayawada

5

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

IA NO: 1 OF 2015(CMSAMP 100 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 grant stay of all further proceedings in respect of The old Assessment No.19275 and New Assessment No.177874 enhancing the property tax from Rs.27,994/- to Rs.44,006/- per half year, pending final disposal of the CMSA

Counsel for the Appellant(S):

1.V S R ANJANEYALU

Counsel for the Respondent:

1.G JHANSI

2.S.V.S.S.SIVARAM SC For VMC

CIVIL MISCELLANEOUS SECOND APPEAL NO: 53/2015

Between:

K.J.N. PRASAD, S/O. LATE VENKATA SUBBAIAH CHOWDARY R/O. D.NO. 29-28-3, DASARIVARI STREET, SURYARAOPET, VIJAYAWADA.

...APPELLANT

AND

THE VIJAYAWADA MUNICIPAL CORPORATION, Rep. by its Commissioner, Vijayawada.

...RESPONDENT

aggrieved by the order and decree dated 24-6-2015 passed in CMA No. 73 of 2012 by the learned I Additional Senior Civil Judge, Vijayawada

IA NO: 1 OF 2015(CMSAMP 101 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 grant stay of all further proceedings in respect of the old Assessment No. 19276A and New Assessment No. 177876 enhancing the tax from Rs. 26,416/- to Rs. 35,095/- per half year, pending final disposalof the CMSA and pass

6

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015,

10 OF 2018 AND 28 OF 2018

Counsel for the Appellant:

1.V S R ANJANEYALU

Counsel for the Respondent:

1.G JHANSI

2.S.V.S.S.SIVARAM SC For VMC

CIVIL MISCELLANEOUS SECOND APPEAL NO: 10/2018

Between:

K .J.N. PRASAD FAMILY TRUST, REP. BY ITS TRUSTEE K.J.N. PRASAD, S/O. LATE VENKATA SUBBAIAH CHOWDARY, AGED ABOUT 75 YEARS,D.NO. 27-8-1A, MASJID STREET, GOVERNORPET,VIJAYAWADA

...APPELLANT

AND

THE MUNICIPAL CORPORATION, Vijayawada,rep, by its Comminssioner, Vijayawada.

...RESPONDENT

To Present this Memorandum of Civil Miscellaneous Second Appeal being aggrieved by the order and decree dated 17.11-2017 pased in C.M.A.No. 83 of 2012 by the learned II Additional Senior Civil Judge, Vijayawada Impuging the endorsement dated 29.09.2011 issued by the respondent, enhancing the property tax relating to the assessment No.19276A, for the following

IA NO: 1 OF 2018

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 grant stay of all further proceedings in respect of the Assessment No.19276A of Vijayawada Muncipal Corporation, Pending disposal of the CMSA and pass Counsel for the Appellant:

1.V S R ANJANEYALU

7

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

Counsel for the Respondent:

1.S.V.S.S.SIVARAM SC For VMC

CIVIL MISCELLANEOUS SECOND APPEAL NO: 28/2018

Between:

MALLADI GOVINDARAM, S/O.LATE KRISHNAIAH, HINDU, R/O.D/NO.40-1/1-14G, 401, JMD ELITE, SIVANANDA STREET, LABBIPET, VIJAYAWADA

...APPELLANT

AND

THE VIJAYAWADA MUNICIPAL CORPORATION, rep by its Commissioner, vijayawada

...RESPONDENT

to set aside the judgement and decree of the II Additional Senior civil Judge in CMA 169 of 2011 dated 01.11.2017 and pass

IA NO: 1 OF 2018

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 order stay of all further proceedings including insistence by the respondent to pay tax at the enhanced rate, pursuant to the judgement and decree in CMA 169 of 2011 dated 01.11.2017 on the file of the II Additional Senior Civil Judge, at Vijayawada and pass

IA NO: 2 OF 2018

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 Appellant:

1.S SREERAMACHANDRA MURTHY

Counsel for the Respondent:

1.S.V.S.S.SIVARAM SC For VMC

8

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

The Court made the following:

JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari)

Civil Miscellaneous Second Appeal No.43 of 2015 has been filed by the appellant, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.142 of 2012 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the demand order served on 06.12.2012.

Civil Miscellaneous Second Appeal No.45 of 2015 has been filed by the appellant, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.152 of 2011 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 20.10.2011.

Civil Miscellaneous Second Appeal No.20 of 2021 has been filed by the appellant, being aggrieved from the dismissal order 15.02.2018 passed in C.M.A.No.12 of 2012 on the file of II Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 30.09.2011.

Civil Miscellaneous Second Appeal No.52 of 2015 has been filed by the appellants, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.29 of 2012 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 27.01.2012.

Civil Miscellaneous Second Appeal No.53 of 2015 has been filed by the appellant, being aggrieved from the dismissal order 24.06.2015 passed in C.M.A.No.73 of 2012 on the file of I Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 13.10.2011.

9

RNT,J & BM,J C.M.S.A.Nos.43 OF 2015, 45 OF 2015, 20 OF 2021, 52 OF 2015, 53 OF 2015, 10 OF 2018 AND 28 OF 2018

Civil Miscellaneous Second Appeal No.10 of 2018 has been filed by the appellant, being aggrieved from the dismissal order 17.11.2017 passed in C.M.A.No.83 of 2012 on the file of II Additional Senior Civil Judge at Vijayawada, filed against the endorsement (Revision Order) dated 29.09.2011 served on 24.10.2011.

Civil Miscellaneous Second Appeal No.28 of 2018 has been filed by the appellant, being aggrieved from the dismissal order 01.11.2017 passed in C.M.A.No.169 of 2011 on the file of II Additional Senior Civil Judge at Vijayawada, filed seeking to set-aside the order served on 21.10.2011.

There is no representation for the appellants in these old Civil Miscellaneous Second Appeals of the years 2015, 2018 and 2021.

These Civil Miscellaneous Second Appeals are dismissed “for want of prosecution”.

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

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal orders passed in the appellants' first appeals (CMAs) against the Municipal Corporation's property tax demand/assessment orders — 24.06.2015 in C.M.A.No.142 of 2012 (CMSA 43/2015); 24.06.2015 in C.M.A.No.152 of 2011 (CMSA 45/2015); 15.02.2018 in C.M.A.No.12 of 2012 (CMSA 20/2021); 24.06.2015 in C.M.A.No.29 of 2012 (CMSA 52/2015); 24.06.2015 in C.M.A.No.73 of 2012 (CMSA 53/2015); 17.11.2017 in C.M.A.No.83 of 2012 (CMSA 10/2018); 01.11.2017 in C.M.A.No.169 of 2011 (CMSA 28/2018).¶138
I/II Additional Senior Civil Judge, Vijayawada · 24.06.2015 (C.M.A.Nos.142/2012, 152/2011, 29/2012, 73/2012); 15.02.2018 (C.M.A.No.12/2012); 17.11.2017 (C.M.A.No.83/2012); 01.11.2017 (C.M.A.No.169/2011)
Prior proceeding
Demand order served on 06.12.2012 by the Municipal Corporation, sought to be set aside in C.M.A.No.142 of 2012 (challenged in C.M.S.A. No.43 of 2015).¶138
Prior proceeding
Order served on 20.10.2011, sought to be set aside in C.M.A.No.152 of 2011 (challenged in C.M.S.A. No.45 of 2015).¶139
Prior proceeding
Order served on 30.09.2011, sought to be set aside in C.M.A.No.12 of 2012 (challenged in C.M.S.A. No.20 of 2021).¶140
Prior proceeding
Order served on 27.01.2012, sought to be set aside in C.M.A.No.29 of 2012 (challenged in C.M.S.A. No.52 of 2015).¶141
Prior proceeding
Order served on 13.10.2011, sought to be set aside in C.M.A.No.73 of 2012 (challenged in C.M.S.A. No.53 of 2015).¶142
Prior proceeding
Endorsement (Revision Order) dated 29.09.2011 served on 24.10.2011, enhancing property tax relating to assessment No.19276A, challenged in C.M.A.No.83 of 2012 (C.M.S.A. No.10 of 2018).¶145
Prior proceeding
Order served on 21.10.2011, sought to be set aside in C.M.A.No.169 of 2011 (challenged in C.M.S.A. No.28 of 2018).¶146
Prior proceeding
Stay petitions under Section 151 CPC filed in the appeals (e.g., I.A. No.1 of 2015 in C.M.S.A. No.45 of 2015) seeking stay of further proceedings including insistence to pay tax at the enhanced rate pursuant to the CMA decrees.¶35
Prior proceeding
Delay condonation petitions in C.M.S.A. No.20 of 2021 (I.A. Nos.1 and 2 of 2021): delay of 8 days in preferring and 618 days in re-presenting the appeal against the order in CMA 12/2012.¶60