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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 and Anr. —Appellants
versus
Palvoi Ranga Reddy and Ors. —Respondents
Civil Revision Petition Nos.5099, 5098, 5087 and 5130 of 2016
Decided on 5.1.2017
Counsel for the Parties:
For the Petitioners:D. Sudarshan Reddy, Advocate
For the Respondents:Annapurna Sri Ram, Advocate
Headnote:(a) Code of Civil Procedure, 1908 – Order XX Rule 5 r/w Order XIV Rule 2 – Preliminary issue – Jurisdiction – Court holding to have no jurisdiction – Thereafter becomes functus officio – Section 151, Endowments Act, 1987 – Jurisdiction of a court required to be decided as preliminary issue. (Para 14, 15)
(b) Endowments Act, 1987 – Section 151 – Act providing for relief before defined court – Civil suit cannot lie before any other civil court – Therefore question of jurisdiction required to be decided as preliminary issue. (Para 17)
2009 (2) ALT 431 (DB)=(2) ALD 356; 2010 (14) SCC 588; AIR 2010 SC 2897; 2012 (3) ALD 411 – Relied upon
2010 (6) ALD 207; 1987 (1) ALT 18 (DB) – Distinguished
AIR 1969 SC 78; AIR 1975 SC 2238; AIR 1967 SC 436 – Referred
(c) Endowments Act, 1987 – Section 162 r/w section 151 – Jurisdiction of civil court or Deputy Commissioners ousted – Only Endowments Tribunal have jurisdiction under the Act. (Para 25)
2012 (2) ALT 294 – Relied upon
(d) Endowments Act, 1987 – Section 162 r/w section 151 – Endowments Tribunal – Deemed as civil court – RDO empowered to decide all issues arising u/s 4(18). (Para 27, 30)
(2009) 12 SCC 613; (2009) 12 SCC 544; (2012) 7 SCJ 487(27); 2009 (2) ALD 124(30) – Relied upon
Result: Revisions allowed.
B. Siva Sankara Rao, J.—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 Pr
