STATE OF A P Vs. PRABHALA HEMALATHA DEVI

JUDGEMENT

(1.) The State of Andhra Pradesh represented by the District Collector, Krishna, the first defendant in O.S. No. 54 of 1983 on the file of the Subordinate Judge, Machilipatnam, had preferred the present appeal being aggrieved by the decree and judgment made therein.

(2.) The first plaintiff Prabhala Subrahmanyam died during the pendency of the suit O.S. No. 54 of 1983 and plaintiffs 2 to 4 were added as per the orders dated 11-09-1990 in I.A. No. 944 of 1990. The said plaintiffs 2 to 4 are shown as respondents 1 to 3 herein. The defendants 4 to 9 in the said suit are shown as respondents 4 to 11 in the present appeal. The appeal was dismissed for default as against R-7 to R-10 by virtue of an order made by this Court dated 27-07-2000.

(3.) The learned Assistant Government Pleader for appeals representing the appellant had taken this Court through the respective pleadings of the parties, the evidence available on record, and the findings recorded by the trial Court and would maintain that even if such attachment to be taken as illegal, the Government cannot be fastened with liability. The learned Assistant Government Pleader for appeals also would maintain that no evidence was adduced on behalf of the plaintiffs to establish that the heaps harvested would fetch the amount as claimed. The only witness - 4th plaintiff had no knowledge about the same and no documents had been filed by the plaintiff in this regard. The learned Counsel also would submit that the learned Subordinate Judge, Machilipatnam could not approve the legal position in proper perspective.