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2017 Supreme(AP) 44

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
S. Anjana Reddy & Another – Appellants
Versus
Palvoi Ranga Reddy & Others – Respondents
Civil Revision Petition Nos. 5099, 5098, 5087 & 5130 of 2016
Decided On : 05-01-2017

Advocates Appeared:For the Petitioners:D. Sudarshan Reddy, Advocate. For the Respondents:Annapurna Sri Ram, Advocate.

Headnote:Civil Procedure Code,1908---Order VII Rule 1, XIV Rule 2(b),XX Rule 5 --- Suit for Permanent Injunction ---Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955---Section 7--- Endowments Act, No.30 of 1987---Sections 151,162--- revisions filed are for not deciding preliminary issue on the applications kept pending and in ordering trial on all issues settled in the suits respectively--- if the Court gives any finding on the preliminary issue of lack of jurisdiction or other legal bar inherently which goes to the root of the matter, Court cannot decide the lis on merits and consequently functus officio(para 14 C )--- Once there is a legal bar, civil suit wont lie but for to approach the other machinery provided under the Act to decide the lis from the wording of Section 151 of the Endowments Act(para16)--- to claim as private property or to question the ORC from Section 87 of the Act enables the remedy is to approach prima facie the Endowments Tribunal and not by civil suits(para33)--- lower court has gravely erred in not considering the application to decide the preliminary issue the lack of jurisdiction of the civil Court(para34).Revision Petitions are allowed.

Common Order:

1. These 4 revision petitions since involving common question of law are taken up at request for common adjudication.

2. Coming to the facts, the Executive Officer of Bansuriwala Krishna Mandir, Saidabad, Hyderabad, shown as adopted temple to Sri Hanuman Temple, Karmanghat, Hyderabad, as 1st defendant and with name as S.Anjana Reddy S/o. Dasi Reddy being the Executive Officer also in the individual capacity as 2nd defendant in whatever manner supra impleaded in O.S.No.976 of 2014 (originally as O.S.No.1833 of 2013) that is maintained by the 3 plaintiffs against him individually and in the capacity of Executive Officer and by showing another defendant by name Sudarsan Yadav, in the capacity of Ex-chairman of Karmanghat Hanuman Temple.

3. They maintained the suit for the relief permanent injunction restraining the defendants and any others claiming through or acted under them from changing nature of suit schedule property by way of alienation or raising structures therein which consists of open house bearing No.17-1-382/H/11 admeasuring 320 square yards in S.No.110 in Hanuman Nagar, Balaji Nagar new of Saidabad Village and Mandal of Hyderabad District within the boundaries described with the claim of they purchased the property from Smt. N.Andalu W/o. Sudhakar Reddy under registered sale deed No.286, dated 24.10.2004 who purchased from Dr. Niranjan Prasad the owner. It is the further claim of illegal interference followed by forceful dispossession of the

3 plaintiffs from the suit schedule property supra by the defendants supra on 20.07.2013 and demolished all of a sudden the boundary wall, the structure and started leveling of houses through debris by changing nature of the property without notice or right or title over the property.

4. Coming to O.S.No.6 of 2014 the 3 plaintiffs maintained the same against defendant Nos.1 and 2 and three more defendants no other than Assistant Commissioner for Endowments, R.R. District, Retired Assistant Commissioner by name Sri K.Raghunanda Rao of R.R. District and Commissioner of Endowments, Boggulakunta, Hyderabad, for damages of Rs.18,00,000/- with interest from date of suit till realization on the claim that plaintiff No.1 is absolute owner of plot Nos.18 & 25 admeasuring 519 square yards of Balaji Nagar, Saidabad, with rooms and compound wall and plaintiff No.2 is absolute owner of plot No.17 admeasuring 205 square yards of Balaji Nagar (Hanuman Nagar) Hyderabad with 5 rooms and got by registered settlement No.2149 dated 22.06.2004 and original plaintiff No.3 is the owner of plot No.17 and one room in plot No.19 measuring 150 square yards of Balaji Nagar, Saidabad, by registered gift deed No.2146 dated 22.06.2004 and they purchased the property which is part of S.No.110 of Saidabad from the owner Dr. Niranjan Prasad. The suit claim further is that the defendants demolished compound wall, ground floor with 6 rooms and took away valuable material and the demolition was done on 01.05.2013 by violation of status quo orders in I.A.No.245 of 2013 in O.S.No.944 of 2013 suit for bare injunction and they got cause of action towards the defendants for the suit reliefs including for physical and mental torture, loss of good will and prestige and damages for demolition of the rooms and they also filed W.P.No.21780 of 2013 challenging the demolition and the High Court observed for entitlement of damages to seek and therefrom also they got cause of action.

5. The suit O.S.No.687 of 2013 is filed by sole plaintiff Mekala Prabhakar Reddy, for the relief of delivery of possession of the plaint schedule in favour of plaintiff and for permanent injunction restraining the two defendants of the temple supra from interfering with plaint schedule and costs with averments of plaintiff is owner of plot No.3 measuring 178 square yards in S.No.110 pursuant to sale agreement dated 12.04.2000 from S. Jeetu Prasad who purchased under registered sale deed dated 08.09.1996 from Dr. Niranjan Prasad the owner. Th







































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