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IN THE HIGH COURT OF ANDHRA PRADESH
MS JUSTICE B S BHANUMATHI, J
Jagannadha Swamy Etc – Appellant
Versus
Thota Siva Kumari – Respondent
ORDER :
B S Bhanumathi, J.
This petition is filed under Article 227 of the Constitution of India against the order dated 09.03.2023 dismissing I.A.No.297 of 2022 in O.S.No.121 of 2018 on the file of the court of II Additional Junior Civil Judge, Guntur filed by the petitioner/5th defendant against the 1st respondent/plaintiff under Order VII, rule 11 of CPC to reject the plaint for want of statutory jurisdiction.
2. The case of the petitioner is briefly as follows:
The petitioner/5th defendant temple is a public institution which is under the purview and administrative control of the Endowments Department of Government of Andhra Pradesh. The 1st respondent/plaintiff stated in the plaint that the schedule mentioned property originally belongs to the petitioner/5th defendant temple and the inmates of the locality acquired their respective properties from the 5th defendant temple and they are using the temple’s vacant land shown as EFGH in plaint plan for ingress and egress and the plaintiff is also claiming right to use the said portion for her passage and also mentioned that there was well in that area left out by the temple. Originally, the entire land in town survey numbers 567, 568 i
Civil courts lack jurisdiction over disputes concerning endowment properties governed by the Endowments Act, and jurisdictional issues must be resolved through a full trial.
A suit for declaration of title and recovery of possession is maintainable in a civil court, even if the property in question is alleged to be an endowment property.
Point of law : Even when the first appellate court affirms the judgment of the trial court, it is required to comply with the requirement of Order XLI Rule 31 and non-observance of this requirement l....
The main legal point established in the judgment is that the remedy under Section 25(1) of the Orissa Hindu Religious Endowments Act, 1951 is an efficacious remedy for the trust to recover the proper....
Point of law: Considerations in terms of Section 100 CPC arise only when there is substantial question of law and not mere such questions of law or one based on facts. The learned counsel for the res....
A suit under Section 92 C.P.C. must be filed in the Principal Civil Court of original jurisdiction, not in a Civil Judge's Court, and the absence of a trust-deed does not prevent admission.
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