2012 Supreme(AP) 26
2012 (2) ALT 732
High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE K.G. SHANKAR
Kamatam Sangalappa & Others
Versus
Kapadam Sngalappa & Others
CRP No.5224 of 2005
Decided on : 06-01-2012
For the Petitioner:K.G. Krishna Moorthy, Advocate. For the Respondents: R7,
J. Ugra Narasimha, N. Aswartha Narayana, Advocates.
Headnote:A) CIVIL PROCEDURE CODE, 1908, Section 115 (as amended) – Where the Revision is filed challenging the fundamental question as to the jurisdiction of the Executing Court by way of the locus standi of the petitioner and limitation, it is question of law and hence maintainable under the amended provision. (Para 34)
B) CIVIL PROCEDURE CODE, 1908, Sections 92 and 146 – A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, Sections 2 (18) and 42:- Question as to the maintainability of filing an EP of a compromise decree with regard to the endowment rights in a suit by other than the parties to the suit. Since under Endowment Act, any interested person in the endowment can file a suit, it being a representative suit, the decree in the compromise in such a suit can be filed by any other member. (Paras 41 to 43)
C) CIVIL PROCEDURE CODE, 1908, Section 115 – Executing court directing the petitioners to return the idols and other paraphernalia in view of the consent decree where they were directed to pay Rs.2000/-to theRespondent towards half of the pooja expenses. As no amount was paid and in view of the evidence that the petitioners are not possession of the idols, but installed their own idols, the consent decree was never acted upon. Merely filing an EP does not establish the case of the respondents and in view of the non-executability of the direction, the order of Executing court set aside.
D) LIMITATION ACT, 1963, Article 136 Civil Procedure Code, 1908, Section 115:- Where the decree relates to 1933, EP filed in 2000 is maintainable as the said decree was said to have been violated only in1999. (Para 55)
The revision is continuation of age-old lis in O.S.No.15 of 1933 on the file of the Sub-Judge, Anantapur. E.P.No.59 of 2000 was laid by the alleged decree holders in E.P.No.15 of 1933. The dispute revolves round Kapadam families on the one side and Kamatam families on the other side. Kapadam families are residents of Gangulakunta village. Kamatam families reside in Yerrayapalli village. The dispute more or less is a dispute between Gangulakunta and Yerrayapalli villages. Lord Sangalappa is the common deity of the Kapadam sect of Gangulakunta and Kamatam sect of Yerrayapalli. Both the people belong to Koraba community, which is said to be a herding community in Anantapur District.
2. This revisionis loaded with questions of law such as question of limitation, maintainability of the revision under Section 115 of the Civil Procedure Code (CPC, for short) and the locus standi of the decree holders to lay the execution petition. It is, however, necessary to know the outlines of the case.
3. Gangulakunta and Yerrayapalli villages have their own temples. However, they have the custom of exchanging or rotating the paraphernalia periodically. The revision is laid by Kamatam sect of Yerrayapalli questioning the order in E.P.No.59 of 2000. Kapadam family of Gungulakunta laid the execution petition as the decree holders, arraying the Kamatam family as the judgment debtors. However, O.S.No.59 of 1933 was laid by the Kamatam family against Kapadam family. The parties shall be referred to hereinafter as they are arrayed in E.P.No.59 of 2000 as decree holders and judgment debtors.
4. As already pointed out, there is a very long legal background for this case. The judgment debtors initially laid O.S.No.486 of 1927 on the file of the District Munsif Court, Anantapur. It was a suit for custody of pooja articles of insignificant value but of extraordinary sentimental and religious implications. The property in respect of which O.S.No.486 of 1927 was laid more or less is identical with the E.P. schedule property, such as bronze horses etc., including the idols of Lord Sangalappa Swamy.
5. The decree holders resisted the suit. The suit ultimately was dismissed. An appeal in A.S.No.114 of 1928 was preferred before the District Judge, Anantapur. The appeal was also dismissed. In the appeal, the learned District Judge made an observation that a suit can be laid in the representative capacity under Section 92 CPC as a scheme suit. Subsequently, O.S.No.1 of 1931 was laid by the judgment debtors in the District Court, Anantapur. It was later transferred to the Subordinate Judge, Anantapur and was renumbered as O.S.No.15 of 1933. O.S.No.15 of 1933 was the suit laid in terms of the observations in A.S.No.114 of 1928 on the file of the District Court, Anantapur.
6. While the suit was pending before the Sub-Court, Anantapur, apparently wise counsel prevailed over the parties. The rival groups entered into a compromise. It was observed that the decree holders had been performing pooja till the date of compromise and had been meeting the expenditure for performing pooja. The decree ordained that the judgment debtors should pay a sum of Rs.2,000/- towards their half share of pooja expenditure.
7. The compromise further recorded that the decree holders and the judgment debtors should appoint two trustees each who should look after the performance of pooja and other activities and account to both sides. Clause 2 of the compromise envisaged that the idols of the God should be installed for six months at Yerrayapalli and for the remaining six months at Gangulakunta in a year. Apart from that each sect should lead the performance of poojas for three months at a time to be taken over by the other side for three months thereafter to be followed once again by the first side for
.another three months, so on and so forth.
8. Hopefully, the dispute had a quietus with the compromise decree. However, troubles erupted. According to the decree holders, Kamatam s