KUNISETTI GANGI REDDY Vs. KUKKUTESWARA SWAMY TEMPLE
LAWS(APH)-1992-8-47
HIGH COURT OF ANDHRA PRADESH
Decided on August 08,1992

KUNLSETTI GANGI REDDY Appellant
VERSUS
KUKKUTESWARA SWAMY TEMPLE, REP.BY ITS EXECUTIVE OFFICER Respondents


Cited Judgements :-

VASAVI KANYAKA SEVA TRUST VS. DISTRICT COLLECTOR [LAWS(APH)-2000-3-101] [REFERRED TO]


JUDGEMENT

- (1.)The plaintiff in O.S.No.90/89 on the file of the District Munsif, Pithapuram, is the Revision Petitioner. The suit was filed for an injunction against respondents 2 to 6 herein restraining them from intertering with the -possession of the plaint- schedule property by alleging that he had taken the plaint schedule land on lease from the 1st Respondent herein and that R-2, to R-6 here in have no manner of interest in the property. R-l herein filed I.A.No.755 / 89 under Qrder-I, Rule 10, C.P.C with a prayer that it should be allowed to Come on record to contest the suit. The said petition was allowed and it is attacked in this revision petition.
(2.)Admittedly R-l herein is the owner of the plaint-schedule property. R-l, temple had filed eviction petition as against the revision petitioner herein. The eviction was ordered and the same was confirmed by the appellate court The revision petitioner herein filed W.P.No. 9536 / 87 for issual of a direction as againt R-l temple herein restraining them from dispossessing him from the land as he has a right u/s. 82 (2) of the A.P. Charitable and Hindu Religious Institutions and Endowments Act (for short the "Act"). During the pendency of the Writ Petition, this court appointed a Commissioner in W.P.M.P. No. 1334/87 to find out as to whether the petitioner / R-l is in possession of the land in question. It is submitted that the said Commissioner had given a report to the effect that the petitioner continued to be in possession of the land. It is also now represented that the revision petitioner filed a suit to enforce his right u/s. 82 (2) of the Act and it is pending.
(3.)In the affidavit filed is support of I.A.No. 755/89 it was alleged for R-l herein that in order to have the support for the Writ Petition, the revision petitioner herein had chosen to file O.S.No. 90/89 and it is by way of fraud on the court and as it was filed collusively, they may be permitted to contest the suit.
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