Tirukoti Narasimha Murthy Vs The Asst. Commissioner

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APHC010208292020

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3333]

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WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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CIVIL MISCELLNEOUS APPEAL NOS:163, 226, 227, 217, 224, 246, 242, 240, 202, 249, 241, 203, 205, 229, 201, 250, 247, 248, 228, 225, 243 OF 2020 & 80, 88, 112, 32, 50, 6, 87 OF 2021. CIVIL MISCELLANEOUS APPEAL NO: 163/2020

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Between:

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SRI DONKADA MRUTYUNJAYA RAO (DIED), SRI DONKADA MRUTYUNJAYA RAO (DIED)

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SMT. D.PADMAVATHI,, W/O. LATE MRUTYUNJAYA RAO, R/O. D.NO. 21-4-80, BOODI VEEDHI, RAMALAYAM, VIZIANAGARAM DISTRICT.

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...APPELLANT(S)

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AND

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SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS FORT, Vizianagaram District.

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...RESPONDENT

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Appeal Under Section_____against ordersappellant begs to present this memorandum of civil miscellaneous appeal against the judgment dated 23-12-2019, passed in O.A. No. 123 of 2007 on the file of A.P. Endowments Tribunal Amaravathi at pedakakani IA NO: 1 OF 2020

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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 pleased to stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A.No. 123 of 2007, on the file of the A.P. Endowment tribunal at amaravati at Pedakakani and pass. Counsel for the Appellant(S):

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1.VENKATESWARA RAO GUDAPATI

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Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS

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2

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VS,J cma_163_2020 & batch

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CIVIL MISCELLANEOUS APPEAL NO: 226/2020

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Between:

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SRI PANDA KAMESWARA RAO,, S/O. NITYANANDAM, AGED ABOUT 64 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL,VIZIANAGARAM DISTRICT.

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...APPELLANT

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AND

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1. SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town 86 Dist.

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...RESPONDENT

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Appeal Under Section_____against ordersMemorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.12.2019 passed in 0A.NO. 89 OF 2007, on the file of A.P.Endowments Tribunal, Amaravathi, At Peddakakani IA NO: 1 OF 2020

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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 pleased to dispense with the filing of the Certified Copy of the order/decree dated 23.12.2019, passed in OA,NO. 89 OF 2007, on the file of the A.P.Endowments Tribunal, Arnaravathi, At Peddakakaniin the above C.M.A. and pass IA NO: 2 OF 2020

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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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.89 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

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1.G SAI NARAYANA RAO

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Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS

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CIVIL MISCELLANEOUS APPEAL NO: 227/2020

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Between:

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SRI YERUKONDA RAMA RAO,, S/O LATE VISWAM RAJU, AGED 92 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

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3

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VS,J cma_163_2020 & batch

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...APPELLANT

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AND

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SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist.

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...RESPONDENT

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Appeal Under Section_____against ordersto present this Memorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.12.201 9 passed inO.A.7.93/2007, on the file of The A.P.Endowments Tribunal, Amaravathi, At Peddakakani IA NO: 1 OF 2020

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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 pleased to dispense with the filing of the Certified Copy of the order/decree dated 23.12.2019, passed in O.A.No.93/2007, on the file of the The A.P.Endowments Tribunal, Amaravathi, At Peddakakani.in the above C.M.A. and pass IA NO: 2 OF 2020

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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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.93 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

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1.G SAI NARAYANA RAO

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Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 80/2021

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Between:

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SMT.KARRI LAKSHMI,, W/O KONDABABU, AGED ABOUT 61 YEARS, R/O KRISHNAPURAM, BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT. ...APPELLANT

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AND

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SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANASAS, Fort, Vizianagarm Town and District. ...RESPONDENT

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Appeal Under Section_____against ordersMemorandum of

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Civil Miscellaneous Appeal against the Order and Decreedated

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4

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VS,J cma_163_2020 & batch

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23.12.2019 passed inO.A.N0.83 OF 2007, on the file of A.P. Endowment Tribunal, Amaravati, At Pedakakani IA NO: 1 OF 2021

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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 pleased to dispense with the filing of the certified copy of the order/decree dated 23-12-2019 passed in OA.No.83 of 2007 on the file of the AP Endowment Tribunal Amaravati at pedakakani in the above CMA and pass IA NO: 2 OF 2021

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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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23- 12-2019 in O.A.No.83/2007 , on the file of the A.P. Endowment Tribunal, Amaravati, At Pedakakani,and pass Counsel for the Appellant:

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1.G SAI NARAYANA RAO

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Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS

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CIVIL MISCELLANEOUS APPEAL NO: 88/2021

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Between:

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SRI YADLA TRINADHANAIDU,, SIO LATE NARASIMHULU, AGED ABOUT 50 YEARS, R/O RIO BODDAVALASA (V), DENKADA MANDAL, VIZIANAGARAM DISTRICT

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...APPELLANT

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AND

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THE ASSISTANT COMMISSIONER, , ENDOWMENTS DEPARTMENT, VIZIANAGARAM.

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THE EXECUTIVE OFFICER, MANSAS TRUST, FORT, VIZIANAGARAM.

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SRI YADLA NARASIMHULU, (DIED)

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...RESPONDENT(S):

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Appeal Under Section_____against ordersto present this Memorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.11.2012 passed in O.A.No.1726/2010 (Old 0.A.No.108/2007, Vizag D.C.), on the file of A.P.Endowments Tribunal, Hyderabad (presently Amaravathi at Pedakakani)for the following grounds among other

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5

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VS,J cma_163_2020 & batch

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IA NO: 1 OF 2021

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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

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IA NO: 2 OF 2021

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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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23- 11-2012 in O.A.No.1726/2010 (Old O.A.No.108/2007 Vizag D.C.), on the file of the A.P. Endowment Tribunal at Hyderabad,(presently at Amaravati, Pedakakani) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case

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Counsel for the Appellant:

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1.G SAI NARAYANA RAO

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Counsel for the Respondent(S):

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1.CHINTAPALLI SRINIVAS 2.

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CIVIL MISCELLANEOUS APPEAL NO: 112/2021

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Between:

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MAJJI SATISH, S/O LATE MAJJI SURI BABU AGED ABOUT 35 YEARS R/O H/O BODDAVALASA (V) DENKADA MANDAL VIZIANAGARAM DISTRICT

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MAJJI RAJESH, S/O MAJJI SURI BABU AGED ABOUT 32 YEARS R/O H/O BODDAVALASA (V) DENKADA MANDAL VIZIANAGARAM DISTRICT

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...APPELLANT(S)

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AND

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1. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT VIIANAGARAM

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1. THE EXECUTIVE OFFICER, MANSAS TRUST FORT VIZIANAGARAM

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MAJJI SURI BABU, DIED

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MAJJI SATYAVATHI, DIED

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MAJJI SRINU, S/O LATE SURIBABU R/O H/O BODDAVALASA (V) DENKADA MANDAL VIZIANAGARAM DISTRICT

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...RESPONDENT(S):

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6

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VS,J cma_163_2020 & batch

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Appeal Under Section_____against ordersBEG TO PRESENT THIS MEMORANDUM OF CIVIL MISC APPEAL AGAINST THE ORDER AND DECREE DATED 23.12.2012 PASSED IN O.A. 1709/2010 (OLD O.A. NO. 88/2007, VIZAG D.C.) ON THE FILE OF A.P. ENDOWMENTS TRIBUNAL HYDERABAD (PRESENTLY AMARAVATHI AT PEDAKAKANI) IA NO: 1 OF 2021

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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 DISPENSE WITH FILING OF THE CERTIFIED COPY OF THE ORDER/DECREE DATED 23.12.2012 PASSED IN O.A. NO. 1709/2010 OLD O A NO 88/2007 VIZAG D C ON THE FILE OF A P ENDOWMENTS TRIBUNAL HYDERABAD PRESENTLY AMARAVATHI AT PEDAKAKANI IA NO: 2 OF 2021

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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 PLEASED TO GRANT STAY OF ALL FURTHER PROCEEDINGS INCLUDING EVICTION IN PURSUANCE OF DECREE AND ORDER DATED 3 12 2012 PASSED IN O A 1709/2010 OLD O A NO 88/2007 VIZAG D C ON THE FILE OF A P ENDOWMENTS TRIBUNAL HYDERABAD PRESENTLY AMARAVATHI AT PEDAKAKANI Counsel for the Appellant(S):

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1.G SAI NARAYANA RAO

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Counsel for the Respondent(S):

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1.K MADHAVA REDDY

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2.GP FOR ENDOWMENTS

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CIVIL MISCELLANEOUS APPEAL NO: 217/2020

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Between:

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SMT.CHINNI KANAKA MAHALAKSHMI, W/O PRAKASA RAO, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

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...APPELLANT

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AND

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SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist ...RESPONDENT

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7

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VS,J cma_163_2020 & batch

¶112

Appeal Under Section_____against ordersto set aside order and decree and order dated 23-12-2019 in O.A. No.68 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass IA NO: 1 OF 2020

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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 dispense with the filing of the Certified Copy of the order/decree dated 23.12.2019, passed in O.A.No.68/2007, on the file of the The A.P.Endowments Tribunal, Amaravathi, At Peddakakaniin the above C.M.A. and pass IA NO: 2 OF 2020

¶114

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.68 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

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1.G SAI NARAYANA RAO

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Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 224/2020

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Between:

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SRI CHINNI SURYA PRAKASA RAO,, S/O SURYANARAYANA, AGED ABOUT 57 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT ...APPELLANT

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AND

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SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist

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...RESPONDENT

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Appeal Under Section_____against ordersto set-aside order and decree dated 23-12-2019 in O.A. No.80 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass IA NO: 1 OF 2020

¶124

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,

¶125

8

¶126

VS,J cma_163_2020 & batch

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the High Court may be pleased to dispense with filing of the certified copy of the order/decree dated 23.12.2019 passed in O.A.No.80/2007 on the file of the AP Endowments Tribunal, Amaravathi, at Peddakakani, in the above C.M.A. and pass IA NO: 2 OF 2020

¶128

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.80 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

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1.G SAI NARAYANA RAO

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Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 32/2021

¶132

Between:

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THOTA RAMARAJYAM,, W/O APPA RAO, AGED ABOUT 60 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

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...APPELLANT

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AND

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SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANASAS, FORT, VIZIANAGARM TOWN AND DISTRICT.

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SMT ARAILA RAJYA LAKSHMI, W/O UMAMAHESWARA RAO, AGED ABOUT 63 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT. ( RESPONDENT NO.2 IS NOT NECESSARY PARTY )

¶138

...RESPONDENT(S):

¶139

Appeal Under Section_____against ordersMemorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.12.2019 passed inO.A.No.90 of 2007, on the file of A.P.Endowments Tribunal, Amaravathi at Pedakakani IA NO: 1 OF 2021

¶140

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 Pleased to dispense with the filing of

¶141

9

¶142

VS,J cma_163_2020 & batch

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the certified copy of the order and decree dt 23-12-2019 in OA.No.90/2007 on the file of the AP Endowment Tribunal, Amaravati at Pedakakani and to pass

¶144

IA NO: 2 OF 2021

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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 Pleased to grant the appellant leave to file the present Civil Miscellaneous Appeal against the order and decree dt 23-12-2019 in OA.No.90/2007 on the file of the AP Endowment Tribunal Amaravathi at pedakakani and to pass IA NO: 3 OF 2021

¶146

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23- 12-2019 in Q.A. No.90 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

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1.G SAI NARAYANA RAO

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Counsel for the Respondent(S):

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1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 246/2020

¶150

Between:

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P.RAMA RAO,, S/O POLAKI APPAIAH, AGED ABOUT 67 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT. ...APPELLANT

¶152

AND

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MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and District. ...RESPONDENT

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Appeal Under Section_____against ordersAppellant begs to present this Memorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23-12-2011passed inO.A.No.11 of 2007, on the file of The A.P.Endowments Tribunal, Amaravathii at Pedakakani

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IA NO: 1 OF 2020

¶156

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,

¶157

10

¶158

VS,J cma_163_2020 & batch

¶159

the High Court may be pleased pleased to dispense with the filing of the Certified Copy of the order/decree dated 23- 12-2019, passed in 0.A.No.117 of 2007, on the file of the The A.P.Enclowments Tribunal, Amaravathi at Pedakalcaniin the above C.M.A. and pass IA NO: 2 OF 2020

¶160

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.117 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

¶161

1.G SAI NARAYANA RAO

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Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 242/2020

¶164

Between:

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SMT.IMANDI LAKSHMI KUMARI, W/O SRINIVASA RAO, AGED ABOUT 50 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶166

...APPELLANT

¶167

AND

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SRI MAHA ALAK NARAY SOCI OF ARTS AND SCIENCE, Fort, Vizianagaram Town and District.

¶169

...RESPONDENT

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Appeal Under Section_____against ordersto decree and order dated 23-12-2019 in O.A. No.79 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass

¶171

IA NO: 1 OF 2020

¶172

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 dispense with filing of the Certified Copy of the order/decree dated 23-12-2019 in O.A. No.79 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass

¶173

IA NO: 2 OF 2020

¶174

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,

¶175

11

¶176

VS,J cma_163_2020 & batch

¶177

the High Court may be pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.79 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶178

1.G SAI NARAYANA RAO

¶179

Counsel for the Respondent:

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1.CHINTAPALLI SRINIVAS

¶181

CIVIL MISCELLANEOUS APPEAL NO: 240/2020

¶182

Between:

¶183

MARIGARLA JAYALAKSHMI, W/O SATYANARAYANA, AGED ABOUT 54 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL,VIZIANAGARAM DISTRICT.

¶184

...APPELLANT

¶185

AND

¶186

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist.

¶187

...RESPONDENT

¶188

Appeal Under Section_____against ordersto decree and order dated 23-12-2019 in O.A. No.121 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass IA NO: 1 OF 2020

¶189

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 dispense with the filing of the certified copy of the decree and order dated 23-12-2019 in O.A. No.121 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass

¶190

IA NO: 2 OF 2020

¶191

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.121 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

¶192

1.G SAI NARAYANA RAO

¶193

Counsel for the Respondent:

¶194

12

¶195

VS,J cma_163_2020 & batch

¶196

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 202/2020

¶197

Between:

¶198

SMT DOLA NEELAVENI,, D/O V.KANAKA RAJU, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT. ...APPELLANT

¶199

AND

¶200

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE, (MANSAS), Fort, Vizianagaram Town and Dist.

¶201

...RESPONDENT Appeal Under Section_____against ordersAppellant begs to present this Memorandum of Civil Miscellaneous Appeal against the Order and Decree dated 23.12.2019 passed in OA.NO. 72 OF 2007, on the file of A.P.Endowments Tribunal, Amaravathi, At Peddakakani for the following grounds among other IA NO: 1 OF 2020

¶202

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 pleased to dispense with the filing of the Certified Copy of the order/decree dated 23.12.2019, passed in OA.NO. 72 OF 2007, on the file of the A.P.Endowments Tribunal, Amaravathi, At Peddakakaniin the above C.M.A. and pass IA NO: 2 OF 2020

¶203

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23- 12-2019 in O.A. No.72 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶204

1.G SAI NARAYANA RAO

¶205

Counsel for the Respondent:

¶206

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 249/2020

¶207

Between:

¶208

KONKI KRISHNA MURTHY, S/O KONKI SAHEB, AGED ABOUT 80 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL,

¶209

13

¶210

VS,J cma_163_2020 & batch

¶211

VIZIANAGARAM DISTRICT.

¶212

...APPELLANT

¶213

AND

¶214

1. MAHARAJAH ALAK NARAYAN SOCIETY, Maharajah Alak Narayan Society of Arts and Science (MANSAS), Fort, Vizianagaram Town and District.

¶215

...RESPONDENT

¶216

Appeal Under Section_____against ordersto decree and order dated 23-12-2019 in O.A. No.94 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass IA NO: 1 OF 2020

¶217

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 dispense with filing of the Certified Copy of the order/decree dated 23-12-2019 passed in O.A.No.94 of 2007, on the file of the A.P.Endowments Tribunal, Amaravathi at Pedakakani in the above C.M.A. and pass IA NO: 2 OF 2020

¶218

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.94 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

¶219

1.G SAI NARAYANA RAO

¶220

Counsel for the Respondent:

¶221

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 241/2020

¶222

Between:

¶223

SRI MANDAPALLI SADANANDHAM, S/O VEERANNA, AGED ABOUT 58 YEARS R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶224

...APPELLANT

¶225

AND

¶226

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist. ...RESPONDENT

¶227

14

¶228

VS,J cma_163_2020 & batch

¶229

Appeal Under Section_____against ordersto decree and order dated 23-12-2019 in O.A. No.112 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass such other order or orders

¶230

IA NO: 1 OF 2020

¶231

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 dispense with the filing of the Certified Copy of the order/decree dated 23-12-2019 in O.A. No.112 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass IA NO: 2 OF 2020

¶232

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.112 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶233

1.G SAI NARAYANA RAO

¶234

Counsel for the Respondent:

¶235

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 203/2020

¶236

Between:

¶237

SRI KUPPILI RADHA KRISHNA MURTHY,, S/O VENKATA RAMANA MURTHY, R/O VISWA BHARATI VIDYA MANDIR, KRISHNAPURAM, BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶238

...APPELLANT

¶239

AND

¶240

MAHARAJAH ALAK NARAYAN SOCIETY, Sri Maharajah Alak Narayan Society of Arts and Science (MANASAS), Fort, Vizianagarm Town and District

¶241

...RESPONDENT

¶242

Appeal Under Section_____against ordersto present this Memorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.12.019 passed inO.A.No.97/007, on the file of The A.P.Endowments Tribunal, Amaravathi At Peddakakani IA NO: 1 OF 2020

¶243

15

¶244

VS,J cma_163_2020 & batch

¶245

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 pleased to dispense with the filing of the Certified Copy of the order/decree dated 23.12.2019, passed in 0.A.No.97/2007, on the file of the The A.P.Endowments Tribunal, Amaravathi At Peddakakani in the above C.M.A. and pass IA NO: 2 OF 2020

¶246

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23- 12-2019 in O.A. No.97 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass

¶247

Counsel for the Appellant:

¶248

1.G SAI NARAYANA RAO

¶249

Counsel for the Respondent:

¶250

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 205/2020

¶251

Between:

¶252

SHAIK DARGA, S/O SHAIK APPA SAHEB, (SMT.SHAIK DURGA MASTAN, W/O APPA RAO SAHEB AS PER THE CAUSETITLE IN OA), RIO KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶253

...APPELLANT

¶254

AND

¶255

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist.

¶256

...RESPONDENT

¶257

Appeal Under Section_____against ordersMemorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.12.2019 passed in O.A.No.111/2007, on the file of The A.P.Endowments Tribunal, Amaravathi, At Peddakakani IA NO: 1 OF 2020

¶258

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 pleased to dispense with the filing of the Certified Copy of the order/decree dated 23.12.2019, passed in

¶259

16

¶260

VS,J cma_163_2020 & batch

¶261

O.A.No.111/2007, on the file of the The A.P.Endowments Tribunal, Amaravathi, At Peddakakani in the above C.M.A. and pass IA NO: 2 OF 2020

¶262

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23- 12-2019 in O.A. No.111 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶263

1.G SAI NARAYANA RAO

¶264

Counsel for the Respondent:

¶265

1.CHINTAPALLI SRINIVAS

¶266

CIVIL MISCELLANEOUS APPEAL NO: 229/2020

¶267

Between:

¶268

SMT TIRUGOTI GANGAVATI,, W/O GANI RAJU, AGED ABOUT 74 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL,VIZIANAGARAM DISTRICT.

¶269

...APPELLANT

¶270

AND

¶271

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist.

¶272

...RESPONDENT

¶273

Appeal Under Section_____against ordersMemorandum of civil Miscellaneous Appeal against the order and Decreedated 2312-2019 in O.A. No.113 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass IA NO: 1 OF 2020

¶274

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 pleased to dispense with the filing of the certified copy of the order/decree dated 23-12-2019,passed in O.A.No.113 of 2007,on the file of the A.P endowments Tribunal Amaravathi,At Peddakakani the above C.M.A and pass

¶275

IA NO: 2 OF 2020

¶276

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

¶277

17

¶278

VS,J cma_163_2020 & batch

¶279

Counsel for the Appellant:

¶280

1.G SAI NARAYANA RAO

¶281

Counsel for the Respondent:

¶282

1.CHINTAPALLI SRINIVAS

¶283

CIVIL MISCELLANEOUS APPEAL NO: 201/2020

¶284

Between:

¶285

SRI SAILADA KRISHNA RAO,, S/O. GURUVULU, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶286

...APPELLANT

¶287

AND

¶288

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist.

¶289

...RESPONDENT

¶290

Appeal Under Section_____against ordersMemorandum of Civil Miscellaneous Appeal against the Order and Decree dated 23.12019 passed in O.A.No.115/2007, on the file of The A.P.Endowments Tribunal, Amaravathi, At Peddakakani. IA NO: 1 OF 2020

¶291

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 pleased to dispense with filing of the Certified Copy of the order/decree dated 23.12.2019 passed in 0.A.No.115/2007, on the file of The A.P.Endowments Tribunal, Amaravathi, At Peddakakani., in the above C.M.A. and pass IA NO: 2 OF 2020

¶292

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.115 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶293

1.G SAI NARAYANA RAO

¶294

Counsel for the Respondent:

¶295

1.CHINTAPALLI SRINIVAS

¶296

CIVIL MISCELLANEOUS APPEAL NO: 250/2020

¶297

Between:

¶298

GUMIDALA RATNAM @VENKATA SUBBA RATNAM,, W/O

¶299

18

¶300

VS,J cma_163_2020 & batch

¶301

PRAKASA RAO, AGED ABOUT 67 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶302

...APPELLANT

¶303

AND

¶304

MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and District.

¶305

...RESPONDENT

¶306

Appeal Under Section_____against ordersto decree and order dated 23-12-2019 in O.A. No.86 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case and in the interests of justice.

¶307

IA NO: 1 OF 2020

¶308

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 pleased to dispense with the filing of the Certified Copy of the order/decree dated 23- 12-2019, passed in O.A.No.86 of 2007, on the file of the The A.P.Enclowments Tribunal, Amaravathi at Pedakakaniin the above C.M.A. and pass IA NO: 2 OF 2020

¶309

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in OA.No.86/2007 on the file of the AP Endowment tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶310

1.G SAI NARAYANA RAO

¶311

Counsel for the Respondent:

¶312

1.CHINTAPALLI SRINIVAS

¶313

CIVIL MISCELLANEOUS APPEAL NO: 247/2020

¶314

Between:

¶315

NALLAM LAKSHMI,, W/O MUDDU KRISHNA, AGED ABOUT 52 YEARS, RIO KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

...APPELLANT

AND

19

VS,J cma_163_2020 & batch

¶320

MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and District. ...RESPONDENT

¶321

Appeal Under Section_____against ordersTO decree and order dated 23-12-2019 in O.A. No.71 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case and in the interests of justice.

¶322

IA NO: 1 OF 2020

¶323

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 pleased to dispense with the filing of the Certified Copy of the order/decree dated 23- 12-2019, passed in 0.A.No.71 of 2007, on the file of the The A.P.Endowments Tribunal, Amaravathi at Pedakakaniin the above C.M.A. and pass IA NO: 2 OF 2020

¶324

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.71 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

¶325

1.G SAI NARAYANA RAO

¶326

Counsel for the Respondent:

¶327

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 248/2020

¶328

Between:

¶329

KUNDETI MASTANAMMA, W/O SURYANARAYANA, AGED ABOUT 75 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶330

...APPELLANT

¶331

AND

¶332

MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, FORT, VIZIANAGARAM TOWN AND DISTRICT.

¶333

DEKU NAGAMANI, ( RESPONDENT 2 NOT NECCESARY

¶334

20

¶335

VS,J cma_163_2020 & batch

¶336

PARTY TO THIS APPEAL).

¶337

...RESPONDENT(S):

¶338

Appeal Under Section_____against ordersto decree and order dated 23-12-2019 in O.A. No.75 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass IA NO: 1 OF 2020

¶339

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 dispense with filing of the certified Copy of the order/decree dated 23-12-2019 passed in O.A.No.75 of 2007, on the file of the A.P.Endowments Tribunal, Amaravathi, at Pedakakani, in the above C.M.Aa and pass IA NO: 2 OF 2020

¶340

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.75 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶341

1.G SAI NARAYANA RAO

¶342

Counsel for the Respondent(S):

¶343

1.CHINTAPALLI SRINIVAS

¶344

CIVIL MISCELLANEOUS APPEAL NO: 50/2021

¶345

Between:

¶346

TIRUKOTI NARASIMHA MURTHY, S/O VENKANNA, AGED ABOUT 63 YEARS, R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶347

...APPELLANT

¶348

AND

¶349

1. THE ASST COMMISSIONER, ENDOWMENTS DEPT., VIZIANAGARAM,

¶350

1. THE EXECUTIVE OFFICER, MANSAS TRUST, FORT, VIZIANAGARM.

¶351

SMT P BANGARAMMA DIED, A

¶352

SMT ALAJANGI VARALAKSHMI, W/O BANGARAIAH, AGED ABOUT 57 YEARS, R/O FLAT NO 304, ROYAL TOWERS, SANTHI NAGAR, NAD POST, VISAKHAPATNAM. (

¶353

21

¶354

VS,J cma_163_2020 & batch

¶355

RESPONDENTS 3 AND 4 ARE NOT NECESSARY PARTIES )

¶356

...RESPONDENT(S):

¶357

Appeal Under Section_____against ordersMemorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.11.2012 passed inO.A.No.1720 of 2010 (Old O.A.No.102/2007 Vizag D.C), on the file of AP.Endowments Tribunal Amaravathi at Pedakakani

¶358

IA NO: 1 OF 2021

¶359

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 pleased to grant the appellant leave to file the present Civil Miscellaneous Appeal against the Order and Decree dt.23-11-2012 in OA.No.1720/2010 (Old O.A.No.102/2007 Vizag D.C.) on the file of the AP Endowments Tribunal, at Hyderabad an to pass IA NO: 2 OF 2021

¶360

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 pleased to dispense with the filing of the certified copy of the Order/decree dated 23-11-2012 passed in O.A.No.1720 of 2010 (Old OA.No.102/2007 Vizag D.C) on the file of the AP.Endowments Tribuanal Amaravathi at Pedakakani the above CMA and pass

¶361

IA NO: 3 OF 2021

¶362

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 23- 11-2012 in O.A.No.1720/2010 (Old O.A.No.102/2007 Vizag D.C.), on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakani and pass Counsel for the Appellant:

¶363

1.G SAI NARAYANA RAO

¶364

Counsel for the Respondent(S):

¶365

1.GP FOR ARBITRATION

¶366

2.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 228/2020

¶367

Between:

¶368

22

¶369

VS,J cma_163_2020 & batch

¶370

EMANDI APPALA RAJU, S/O SURYANARAYANA, AGE. 57, EMANDI APPALA RAJU, S/O SURYANARAYANA, AGED ABOUT 57 YEARS, R/O BODDAVALSA VILLAGE, VIZIANAGARAM DISTRICT.

¶371

...APPELLANT

¶372

AND

¶373

1. SRI MAHARAJAH ALAK NARAYANA SOCIETY OF ARTS AND SCIENCE MANSAD, ORT, VIZIANAGARAM TOWN AND DIST.

¶374

SRI UPPALA APPA RAO, (DIED),

¶375

...RESPONDENT(S):

¶376

Appeal Under Section_____against ordersTo decree and order dated 23-12-2019 in O.A. No.122 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass IA NO: 1 OF 2020

¶377

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 dispense with the filing of the certified copy of the order/decree dated 23-12-2019 in O.A. No.122 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand the above CMA.

¶378

IA NO: 2 OF 2020

¶379

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.122 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

¶380

1.G SAI NARAYANA RAO

¶381

Counsel for the Respondent(S):

¶382

1.CHINTAPALLI SRINIVAS

¶383

CIVIL MISCELLANEOUS APPEAL NO: 225/2020

¶384

Between:

¶385

K NAYIMI DIED, A

¶386

KADIMI NAGESWARA RAO,, S/O LATE CHITTIYYA, R/O Q.NO.F/57, V A.P.S.P.QUATERS, CHITTIVALASA, DENKADA MANDAL, VIZIANAGARAM DISTRICT.

¶387

...APPELLANT(S)

¶388

23

¶389

VS,J cma_163_2020 & batch

¶390

AND

¶391

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, FORT, VIZIANAGARAM TOWN AND DIST.

¶392

KADIMI PRASANNA RATNAM, S/O NAGESWARA RAO, AGED ABOUT 46 YEARS,

¶393

KADIMI CHITTI BABU, S/O NAGESWARA RAO, AGED ABOUT 42 YEARS,

¶394

KADIMI KISHORE KUMAR, S/O NAGESWARA RAO, AGED ABOUT 40 YEARS. RESPONDENTS 2 TO 4 ARE NOT NECESSARY PARTIES TO THIS APPEAL

¶395

...RESPONDENT(S):

¶396

Appeal Under Section_____against ordersto decree and order dated 23-12-2019 in O.A. No.85 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass IA NO: 1 OF 2020

¶397

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 dispense with xerox copy of the order/decree dated 23.12.2019 passed in O.A.No.85/2007, on the file of the A.P.Endowments Tribunal, Amaravathi, at Peddakakani, in the above C.M.A. and pass IA NO: 2 OF 2020

¶398

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.85 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant(S):

¶399

1.G SAI NARAYANA RAO

¶400

Counsel for the Respondent(S):

¶401

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 243/2020

¶402

Between:

¶403

SRI SAILADA SEETHARAM,, S/O GURUVULU, R/O KRISHNAPURAMIAR BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT

¶404

...APPELLANT

¶405

24

¶406

VS,J cma_163_2020 & batch

¶407

AND

¶408

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist. ...RESPONDENT

¶409

Appeal Under Section_____against ordersto present this Memorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.12.2019 passed in O.A.No.114/2007, on the file of The A.P.Endowments Tribunal, Amaravathi, At Peddakakani IA NO: 1 OF 2020

¶410

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 pleased to dispense with the Certified Copy of the order/decree dated 23.12.2019, passed in 0.A.No.114/2007, on the file of the The A.P.Endowments Tribunal, Amaravathi, At PeddaCkani.in the above C.M.A. and pass IA NO: 2 OF 2020

¶411

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 pleased to grant stay of all further proceedings' including eviction in pursuance of decree and order dated 23-12-2019 in O.A. No.114 of 2007, on the file of the A.P. Enwment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

¶412

1.G SAI NARAYANA RAO

¶413

Counsel for the Respondent:

¶414

1.CHINTAPALLI SRINIVAS CIVIL MISCELLANEOUS APPEAL NO: 6/2021

¶415

Between:

¶416

THE CORRESPONDENT,, BHAVANI EDUCATIONAL SOCIETY R/O KRISHNAPURAM, H/O BODDAVALASA VILLAGE, DENKADA MANDAL, VIZIANAGARAM DISTRICT. ...APPELLANT

¶417

AND

¶418

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANSAS, Fort, Vizianagaram Town and Dist.

¶419

...RESPONDENT

¶420

Appeal Under Section_____against ordersAppellant begs to present this Memorandum of Civil Miscellaneous Appeal against the Order and Decree dated 30.04.2019 passed in O.A. No. 128/2007,

¶421

25

¶422

VS,J cma_163_2020 & batch

¶423

on the file of the AP Endowments Tribunal, amaravathi, at Peddakakani

¶424

IA NO: 1 OF 2021

¶425

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 pleased to dispense with the Certified Copy of the order/decree dated 30.04.2019, passed in O.A.No.128/2007, on the file of the The A.P.Endowments Tribunal, Amaravathi, At Peddakakani.in the above C.M.A. and pass IA NO: 2 OF 2021

¶426

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 pleased to grant stay of all further proceedings including eviction in pursuance of decree and order dated 30- 04-2019 in O.A. No.128 of 2007, on the file of the A.P. Endowment Tribunal at Amaravati at Pedakakaniand pass Counsel for the Appellant:

¶427

1.G SAI NARAYANA RAO

¶428

Counsel for the Respondent:

¶429

1.CHINTAPALLI SRINIVAS

¶430

CIVIL MISCELLANEOUS APPEAL NO: 87/2021

¶431

Between:

¶432

SMT.KORRAI LAKSHMI, W/O KONDABABU, AGED ABOUT 61 YEARS, R/O KRISHNAPURAM, BODDAVALASA VILLAGE, VIZIANAGARAM DISTRICT.

¶433

...APPELLANT

¶434

AND

¶435

SRI MAHARAJAH ALAK NARAYAN SOCIETY OF ARTS AND SCIENCE MANASAS, FORT, VIZIANAGARM TOWN AND DISTRICT.

¶436

SRI KORADA ESWARA RAO DIED, D

¶437

SMT K PADMA, W/O LATE K.ESWARA RAO, AGED ABOUT YEARS, R/O KRISHNAPURAM, BODDAVALASA VILLAGE, VIZIANAGARAM DISTRICT.

¶438

...RESPONDENT(S):

¶439

Appeal Under Section_____against ordersbegs to present this Memorandum of Civil Miscellaneous Appeal against the Order and Decreedated 23.12.2019 passed inO.A.No.101/2007, on the file of A.P.Endowments Tribunal, Amaravathi, at Pedakakani.

¶440

26

¶441

VS,J cma_163_2020 & batch

¶442

IA NO: 1 OF 2021

¶443

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 grant the appellant leave to file the present Civil Miscellaneous Appeal against the Order and Decree dt.23.12.2012 in OA.No.101/2007, on the file of the A.P.Endowments Tribunal, Amaravathi, at Pedakakani in the above C.M.A. and pass

¶444

IA NO: 2 OF 2021

¶445

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 dispense with filing of the Certified Copy of the order/decree dated 23.12.2019 passed in O.A.No.101/2007, on the file of A.P.Endowments Tribunal, Amaravathi, at Pedakakani, in the above C.M.A. and pass IA NO: 3 OF 2021

¶446

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 grant stay of all further proceedings including eviction in pursuance of decree and order dated 23-12-2019 in O.A.No.101/2007 , on the file of the A.P. Endowment Tribunal,Amaravati At Pedakakani, and pass Counsel for the Appellant:

¶447

1.G SAI NARAYANA RAO

¶448

Counsel for the Respondent(S):

¶449

1.CHINTAPALLI SRINIVAS The Court made the following:

¶450

27

¶451

VS,J cma_163_2020 & batch

¶452

COMMON JUDGMENT :

¶453

All these appeals have been filed by similarly situated persons against whom, the A.P. Endowments Tribunal has passed individual orders directing them to vacate and deliver vacant possession of the petition scheduled property. In all these appeals, the appellants are occupants/residents of various extents of land mentioned in the respective petition schedule property and the respondent in all these cases is a trust/temple which has initially filed an application before the Tribunal seeking eviction of the appellants from the petition schedule property. Hence, this Court feels it appropriate to decide all these appeals by way of this common judgment, by narrating the facts as in C.M.A.No.163 of 2020.

¶454

C.M.A.No.163 of 2020 is filed by the appellants/respondents under Section 88 of the A.P. Charitable Religious Institutions and Endowments Act, 1987 challenging the order dated 23.12.2019 passed in O.A.No.129 of 2007 by the Member, A.P. Endowments Tribunal, Amaravathi at Pedakakani, whereby, the Tribunal allowed the petition directing appellant No.2/respondent No.2 to vacate and deliver vacant possession of the petition scheduled property.

¶455

For the sake of convenience, the parties to the appeal will hereinafter be referred as petitioner and respondents, as arrayed before the Tribunal in O.A.No.129 of 2007.

¶456

The brief facts of the case are that the petitioner trust is a Public Charitable Institution published under Section 6 (a) (i) of the Andhra Pradesh Charitable and Hindu Religious Institutions and

¶457

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¶459

Endowments Act, 1987 (for short “Act 30 of 1987”). The provisions of the above Act and Rules framed thereunder govern the administration and management of the subject temple. The petitioner trust is the absolute owner of the agricultural dry land to an extent of Ac.1.36 cents in T.S.No.361/1B of Vizianagaram District. All the revenue and endowments records clearly show that the land belongs to the subject temple. The respondent is in unauthorised occupation of the petition schedule land without any approval of the competent authority sanctioning lease or license whatsoever. The respondent has raised unauthorised constructions with a malafide intention to grab the valuable land belonging to the subject institution and he is not paying any amount to the institution for his/her use and occupation. In spite of several demands made by the petitioner, the respondent did not vacate the scheduled property. Hence, the present O.A. has been filed by the petitioner before the Deputy Commissioner, Endowments Department, Visakhapatnam against the respondent under Section 83 (1) of the Act 30 of 1987 seeking eviction of respondent No.2 from the petition schedule property.

¶460

Respondent No.1 filed counter denying the material averments and contended that his father is the absolute owner of the property as per the settlement adangal and the revenue records of Vizianagaram Mandal Revenue Office. The part of the property was acquired by the Government after due enquiry by the land acquisition officer-cum-Deputy Collector, VUDA, Visakhapatnam as per the award dated 10.03.1986 in Award No.04/1986.

¶461

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¶463

Subsequently, the District Collector, Vizianagaram also issued a notice dated 29.11.1990 for acquisition to the mother of the respondent in respect of some more part of the property, in which the petitioner is also a party, and the same is also reflected in the Municipal Town Survey extract of Vizianagaram Municipality. The respondent has been enjoying the same without any hindrance from anybody and it is known to all the villagers including the petitioner. Thus, the respondent and his predecessors have got right, title interest and enjoyment for the last several decades. Further, the title of a party cannot be decided in such summary procedure, more so, when the Civil Courts got jurisdiction to decide the question of title, as such the subject matter will not come under the purview of the Tribunal and requested to dismiss the petition.

¶464

During pendency of the petition, respondent No.1 died and respondent No.2 was added as legal representative of respondent No.1.

¶465

Basing on the above pleadings, the Tribunal framed the following issues:

¶466

1. Whether the 2^nd respondent is an encroacher under Section 83 of Act, 30 /1987 and is liable to be evicted?

¶467

1. To what result?

¶468

1. No oral or documentary was adduced by either party.

¶469

The Tribunal considering the facts as mentioned in the petition filed by the petitioner held that respondent No.2 did not

¶470

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¶472

adduce any evidence to prove his/her title though several opportunities were given to prove his/her title over the subject property, and answered issue No.1 holding that respondent would fall within the definition of encroacher under Section 83 of the Act 30 of 1987 and liable to be evicted and directed respondent No.2 to vacate and deliver vacant possession of the petition scheduled property to the petitioner institution.

¶473

Aggrieved by the said order, the present appeal has been preferred by the respondents on the ground that the Tribunal erred in granting decree without any evidence, either oral or documentary, however, Tribunal having referred to the documents filed by the respondents along with the counter affidavit, failed to appreciate them.

¶474

When the matter listed for admission, on 11.08.2020 this Court passed the following interim order in I.A.No.1 of 2020.

¶475

“Heard.

¶476

Status quo as on today shall be maintained by both the parties.”

¶477

Learned counsel for the appellants contended that the Tribunal having discussed with regard to the documents filed by the respondent herein, has not discussed about documents filed by the appellants along with the counter before the Tribunal. Further, the Tribunal though appointed the Advocate-Commissioner for recording the evidence, no evidence was filed in the court and the warrant was not returned, and in such a case, the Tribunal ought to have dismissed the petition filed by the respondent. Further, the

¶478

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¶480

Tribunal has no power to decide the title dispute and requested to allow the appeal.

¶481

Learned counsel for the respondent contended that appellant No.2 would fall within the definition of encroachers under Section 83 of Act 30 of 1987, therefore, the Tribunal rightly ordered for eviction of appellant and supported the order of the Court below in all respects, requested this Court to dismiss the present appeal.

¶482

It is the case of the petitioner institution that the scheduled property belongs to the petitioner Trust. However, respondent No.1 claims that his father is the absolute owner of the property as can be seen from the settlement Adangal and the Revenue Records. Admittedly, petitioner filed T.S.R. extract, however, the same was not marked. Respondents filed 12 documents, but they were not marked.

¶483

Generally speaking, it is for the petitioner, who approached the Tribunal, to prove their case by adducing proper evidence. Admittedly, in the present case, no such oral or documentary evidence has been adduced by the petitioner – institution to substantiate their case. On the other hand, it appears from the record, there is a dispute with regard to the title between the parties, which has to be proved by producing oral and documentary evidence and the same will be decided after full-fledged trial conducted by a competent Civil Court, but not by the endowments tribunal in a summary proceedings.

¶484

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¶486

Learned counsel for the appellant relied on the judgment of this Court in “ Nathani Ravindrudu Vs. Assistant Commissioner, Endowments Department, Ongole, Prakasam District¹ ” in support his contentions, wherein this Court discussed about the power of Endowments Tribunal to decide certain disputes as per Section 87 of the Act 30 of 1987, which is as follows:

¶487

“Section 87(1) The Endowments Tribunal having jurisdiction shall have the power, after giving notice in the prescribed manner to the person concerned, to enquire into and decide any dispute as to the question-

¶488

(a) Whether an institution or endowment is a charitable institution or endowment;

¶489

(b) Whether an institution or endowment is a religious institution or endowment;

¶490

(c) Whether any property is an endowment, if so whether it is a charitable endowment or religious endowment;

¶491

(d) Whether any property is a specific endowment;

¶492

(e) Whether any person is entitled by custom or otherwise to any honour, emoluments or perquisites in any charitable or religious institution or endowment and what the established usage of such institution or endowment is in regard to any other matter;

¶493

(f) Whether any institution or endowment is wholly partly of a secular or religious character and whether any property is given wholly or partly for secular or religious uses; or

¶494

1 2024 (3) ALD 662 (AP)

¶495

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¶497

(g) Where any property or money has been given for the support of an institution or endowment which is partly of a secular character and partly of a religious character or the performance of any service or charity connected with such institution or endowment or the performance of a charity which is partly of a secular character and partly of a religious character or where any property or money given is appropriated partly to secular uses and partly to religious uses, as to what portion of such property of money shall be allocated to secular or religious uses;

¶498

(h) Whether a person is a founder or a member from the family of the founder of an Institution or Endowment.”

¶499

Adverting to the above provision, in the above referred judgment, this Court directed the parties therein to approach the competent civil Court as the dispute with regard to title cannot be decided by the Tribunal.

¶500

Learned counsel for the respondent relied on the judgment of the Full Bench of High Court of Andhra Pradesh at Hyderabad in “ Vinjamuri Rajagopala Chary Vs. State of Andhra Pradesh² ”, wherein the Court dealt with the prohibitory properties list notified under Section 22-A of the Registration Act, 1908 and held that the prohibitory properties notified under Section 22-A of the Registration Act cannot be registered by the Registrar and Sub-Registrars, and the parties aggrieved by inclusion of their properties in such list may apply for their deletion from the list or for modification thereof to the concerned authorities as provided for in the guidelines who shall pass appropriate orders within six weeks and communicate the

¶501

2 2016 (2) ALD 236 (FB)

¶502

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¶504

same to the concerned party. Apart from redressal mechanism, aggrieved person can also approach the appropriate forum including Civil Court for deletion of his property / land from the list of prohibited properties or for any appropriate relief.

¶505

The law laid down in the said judgment is not in dispute, but the same is not applicable to the present facts of the case as the petitioner institution has not pleaded in the petition that the petition schedule property is a prohibitory property notified under Section 22-A of the Registration Act, 1908.

¶506

Admittedly, in the present case, in the absence of any evidence adduced by the respondent/petitioner, the Tribunal passed the impugned eviction order as against the appellants/respondents. Under similar circumstances, in “ Union of India (UOI) and Ors. Vs. Vasavi Co-op. Housing Society Ltd. and Ors .³ ” the Apex Court held that in a suit for declaration of title, the burden always lies on the plaintiff to make out and establish a clear case for granting such a declaration and the weakness, if any, of the case set up by the defendants would not be a ground to grant relief to the plaintiff. The Hon'ble Apex Court further held that the plaintiff in a suit for declaration of title and possession could succeed only on the strength of its own title and that could be done only by adducing sufficient evidence to discharge the onus on it, irrespective of the question whether the defendants have proved their case or not.

¶507

3 (2014) 2 SCC 269

¶508

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¶510

Relying on the said judgment, the Division Bench of this Court in “Matam Ashok Kumar Vs. State of Andhra Pradesh, Represented by its District Collector, Kurnool (First Appeal No.609 of 2011)”, dismissed the appeal preferred against the Endowments Department, holding that in a suit for declaration of title, the burden of proof is always on plaintiffs to prove the title by adducing cogent evidence to the satisfaction of the Court and that mere mutation in revenue records does not confer any title nor is a proof of title.

¶511

In the present case, the petitioner institution is claiming right over the petition schedule property basing on revenue records such as T.S.R extract and the respondents are claiming right over the same property basing on the copy of settlement adangal issued by M.R.O., Vizianagaram, copy of notice of award under Section 12 (2) of the Act 30 of 1987 etc., It appears from the material available on record, there is a title dispute between the parties. Title dispute is a mixed question of fact and law, which can be decided by the competent Civil Court after full-fledged trial, but the Tribunal cannot decide the title of the property in a summary proceedings. Therefore, the present appeal deserves to be allowed. 23) In view of the above discussion made in C.M.A.No.163 of 2020, all these appeals deserve to be allowed.

¶512

Accordingly, all the Civil Miscellaneous Appeals are allowed setting aside the respective impugned orders passed by the Member, A.P. Endowments Tribunal, however, the respondent

¶513

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¶515

institutions are at liberty to approach the competent Civil Court, if at all they have any grievance regarding title. No costs.

¶516

Consequently, miscellaneous applications pending if any, shall also stand closed.

¶517

______________________ JUSTICE V.SUJATHA

¶518

08.04.2026 Ksp/GSS

Tirukoti Narasimha Murthy v. The Asst. Commissioner

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Tirukoti Narasimha Murthy v. The Asst. Commissioner

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