A temple serves as a private trust if it is established by an individual, managed by the founder's successors, and lacks public participation, funds, or intervention, thus exempting it from the purview of state endowment legislation.

APHC010428522016

Appeal Under Section_____against ordersto allow the Revision Petition by setting aside the order dt.20.06.2016 made in OP No.355/2015 on the file of the court of the District Judge, Machilipatnam, Krishna District

IA NO: 1 OF 2016(CMAMP 1962 OF 2016)

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order dt.20.06.2016 made in OP No.355/2015 on the file of the court of the District Judge, Krishna District, Machilipatnam.

ORDER:

This civil miscellaneous appeal is filed by the appellants/respondents under Order XLIII Rule 1-A of Code of Civil Procedure (for short “C.P.C.”), challenging the order dated 20.06.2016 passed in Trust O.P.No.355 of 2015 by the Principal District Judge, Krishna, Machilipatnam, whereby, the Trial Court allowed the said O.P. filed by the respondent/petitioner declaring that the “Sri Anjaneya Swamyvari Temple” situated at Poranki village, Penamaluru Mandal as a private Trust temple and also declared the properties owned by the temple as private properties of the temple.

2) For the sake of convenience, the parties to the present C.M.A. will hereinafter be referred as petitioner and respondents, as arrayed before the Trial Court in Trust O.P.No.355 of 2015.

3) The respondent/petitioner has filed the said Trust O.P.No.355 of 2015 against the appellants/respondents under Sections 94, 6, 5, 36, 13, 20, 32 and 38 read with Sections 94 and 34 of the Indian Trust Act, 1882 for declaration and other reliefs, which are extracted hereunder:

1) for declaration/direction that the petitioner temple/Private Trust is not amenable to the provisions of the Indian Trust Act, 1882 and as such it is to be declared as a Private Trust, with reference to its identity, nature, status and purpose etc., different and distinct from a Public Trust;

2) for the ancillary and incidental declaration/direction that the properties owned by the Petitioner cannot be identified or described as Endowment Properties and cannot be subjected to the provisions of the A.P. Endowments Act and to any restraint as to their possession, user or alienation etc.,

3) for a consequential relief in the nature of permanent injunction restraining the respondents in any manner interfering with the character, nature of the Petitioner Temple/ Private Trust;

4) for consequential relief in the nature of permanent injunction restraining the respondents in any manner interfering with the properties owned by the Petitioner Temple/Private Trust as to their Management, user, alienation etc., and for costs.

4) The brief facts of the case are as under:

The temple "Sri Anjaneya Swamyvari (also called as Sri Seetharamajaneya) Temple" is a family temple trust owned by the petitioner’s family, which has private property and the said temple was originally constructed in the year 1905 in the mango garden situated at D.No.141 (now covered by R.S.No.433/2), Poranki Village, Penamaluru Mandal, Krishna District, to perform poojas by the family members of late Sri Rayapati Venkata Subbaiah.

5) It is contended by the petitioner that late Venkata Subbaiah purchased agricultural land to an extent of Ac.4.06 cents in D.No.28 of Dona Atkuru Village, Krishna District vide registered sale deed dated 01.07.1915 with his own money in the name of Sri Anjaneya Swamyvari