THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY CIVIL MISCELLANEOUS SECOND APPEAL Nos.28 and 29 of 2014 Dated: 25.09.2014 CIVIL MISCELLANEOUS SECOND APPEAL No.28 of 2014 Between:
S. Bhavani Kumari .. Appellant and Greater Visakhapatnam Municipal Corporation Rep. by its Commissioner.
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Respondent CIVIL MISCELLANEOUS SECOND APPEAL No.29 of 2014 Between:
S. Rama Raju .. Appellant and Greater Visakhapatnam Municipal Corporation Rep. by its Commissioner.
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Respondent Counsel for the appellants: Mr. B. Vijaysen Reddy Counsel for the Respondent: Mr. S. Lakshminarayana Reddy The Court made the following:
Common Order:
These two civil miscellaneous second appeals are filed against similar but separate orders dated 29.03.2014 in Tax Appeal Nos.165 of 2011 and 164 of 2011 respectively on the file of the learned Principal Senior Civil Judge, Visakhapatnam.
At the hearing, it has come out that this Court has disposed of identical cases and one such case is C.M.S.A.No.19 of 2014, disposed of by order dated 07-08-2014. The said order inter alia reads as under:
“In order to give one more opportunity to the appellant, I deem it appropriate that the Tax Appeal is heard afresh subject to his depositing the enhanced tax with the Commissioner of the respondent within four weeks from today. Since the Principal Senior Civil Judge at Visakhapatnam has expressed his view, on merits, the District Judge, Visakhapatnam, is directed to allot the Tax Appeal to another Senior Civil Judge’s Court at Visakhapatnam. The Court, to which the Tax Appeal is allotted, shall not be influenced by the findings rendered in Judgment, dated 29-03-2014, in Tax Appeal No.163 of 2011. On the appellant filing proof of such deposit within the stipulated time, the Tax Appeal shall be heard afresh and disposed of on merits.
CMSA is disposed of accordingly.”
These civil miscellaneous second appeals are also disposed of in terms of the above-reproduced order with the variation that four weeks’ time for deposit of the enhanced tax with the Commissioner of the respondent will commence from today.
As a sequel to the disposal of the civil miscellaneous second appeals, C.M.S.A.M.P.Nos.49 and 50 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 25th September, 2014 IBL