The civil court's determination of property ownership takes precedence over eviction proceedings by the Endowments Tribunal, especially in light of concurrent appeals.

ORDER :

Heard Sri L. Prabhakar Reddy, learned counsel for the petitioners, Sri B. Mangilal Naik, learned Government Pleader for Endowments for the respondent Nos.1 and 2, Sri Ch. Satish Kumar, learned Standing Counsel for the respondent No.3.

2. This writ petition is filed questioning the proceedings of the respondent No.2 in including the land of the petitioners admeasuring to an extent of Ac.7-09 gts in Sy.No.293 situated at Gopalpur Village, Dharmapuri Mandal, Karimnagar District in the property register under Section 43 of the Provisions of the Telangana Charitable Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) in the name of the respondent No.3- Temple as illegal, arbitrary and contrary to the provisions of Sections 45 and 43 of the Act and the Rules made there under and consequently set aside the proceedings in O.A.No.141 of 2008 on the file of the Endowments Tribunal filed by the respondent No.3 for eviction.

3. Learned Counsel for the petitioners submits that the grandfather of petitioners late Chandra Reddy @ Chandraiah was cultivated the agricultural lands and he was granted Protected Tenancy Certificate in respect of land admeasuring to an extent of Ac.7-31 gts in Sy.No.209 and Ac.6-25 gts in Sy.No.293 situated at Gopalpur Village, Dharmapuri Mandal, Karimnagar District by the Tahsildar on 29.02.1952 under Sections 35 to 37 of the Hyderabad Tenancy and Agricultural Lands Act, 1950. The pattadar of the said lands was one Smt Saraswathi Bai. The name of the grandfather of petitioners was shown as cultivator in the pahani pathrikas prior to the year, 1950 and also in the pahani for the years 1953-54 and Khasra Pahani for the years 1954-55 onwards and the names of Gonnedu China Rajan and Lingam were shown as pattadars. After his death, the name of the father of petitioner Malla Reddy was shown as pattadar and possessor and subsequently, the names of the petitioners were shown as pattadars and possessors and they obtained pattadar passbooks and title deeds bearing Patta Nos.338 and 339 for the land admeasuring to an extent of Ac.3.24½ gts each total Ac.7-09 gts in Sy.No.293 situated at Gopalpur Village, Dharmapuri Mandal, Karimnagar District and doing agriculture by raising standing crops Turmeric, Maze and Paddy in the said lands along with other lands.

4. Learned Counsel for the petitioners further submits that when the respondent No.2 and 3 and the District Collector. Karimnagar are trying to interfere with the suit schedule property, the petitioners filed O.S.No.65 of 2007 on the file of the Senior Civil Judge, Jagtial, for declaration of title and perpetual injunction and during pendency of the instant writ petition, the said suit was decreed vide Judgment and Decree dated 21.03.2024 in their favour by declaring them as owners and possessors of the suit schedule property and granted perpetual injunction.

5. Learned Counsel for the petitioners further submits that during pendency of suit in O.S.No.65 of 2007, the respondent No.3-Temple also filed O.A.No.141 of 2008 before the respondent No.1 and consequently transmitted to Endowments Tribunal for eviction of the petitioners from the suit schedule property by stating that the suit schedule property was entered in the property register of the Temple. He submits that as the suit in O.S.No.65 of 2007 was decreed in their favour, the question of eviction of petitioners from the suit schedule property does not arise and requested to allow the writ petition by setting aside the proceedings in O.A.No.141 of 2008 on the file of the Endowments Tribunal.

6. Learned Counsel for the petitioners has relied on the following Judgment;

1. The Execu