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2006 Supreme(AP) 490

L.NARASIMHA REDDY
SRISAILA KSHETRA ALL INDIA ARYA VYSYA ANNA SATRA SANGAM, SRISAILAM – Appellant
Versus
P. SATYANARAYANA – Respondent


Advocates:
C.V.MOHAN REDDY, Satyanarayana Nimmagadda

( 1 ) THE respondents filed O. S. No. 49 of 2000 in the Court of Principal district Judge, Kurnool under Section 92 of cpc. They sought for a decree against the petitioners herein, for rendition of accounts for the years 1998-99 and 1999-2000 and for removal of petitioners 2 and 3 herein, from the posts of President and Secretary of Srisaila Kshetra All India Arya Vysya anna Satra Sangam (for short sangam)and for framing a scheme for proper and efficient functioning of the Sangam. The petitioners filed the written statement. They raised an objection as to the jurisdiction of the trial Court to entertain the suit. The trial Court framed the relevant issues. The first issue was as to whether the first respondent herein is a public trust, attracting the provisions of Section 92 of CPC and whether the suit for framing the scheme, is maintainable. This plea was raised by relying upon Section 156 of the Andhra pradesh Charitable and Hindu Religious institutions and Endowments Act, 1987 (for short the Act), which rendered the proceedings under Section 92 of CPC inapplicable for the matters arising under the Act. The petitioners insisted that the maintainability of the suit be taken as pre








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