APHCCM 0445622023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ 0jii0 II - z> rl! ■ ' v-n;- y£i o .«yy THURSDAY,THE FOURTEENTH DAY OF AUGUS\^, TWO THOUSAND AND TWENTY FIVE ^ ■/ ,,cr^4' *< PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 8 OF 2024 Appeal under Section84 of A.P Charitable & Hindu Religious Institutions and Endowments Act, 1987, against the orders in OA No.481/2011 dated 30-09-2021 passed by A.P EndowmentTribunal, Amaravati, Peddakakani. Between: Sri Kasi Visweswara Annapoorna Devasthanam, Governorpet, Shivalam Street, Vijayawada, Krishna District, Rep. By its Trustee, Appana Maha Sada Siva Suryanarayana Rao ...2"'* Respondent/Appellant AND 1. Appana Venkata Satya Saibabu, S/o. Late Venkata Krishnaiah, Aged 53 years, business, R/o. D. No. 39-16-11, Giri Sai Towers, S4, Rukmini Krishna Rice Mill Road, Vijayawada. ...Petitioner/Respondent 2. The Assistant Commissioner, Endowments Department, Vijayawada, Krishna District. 3. Appana Maha Sadha Siva Narayana Rao, S/o Late Venkata Krishnayya, Aged 79 years 11-62-28, Upstair, Canal Road,R/o. D. No. Vijayawada. ...Respondents/Respondents 1 lA NO: 2 OF 2024 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 orders in OA 481/2011 dated 30-09-2021 passed by AP Endowment Tribunal Amaravati Peddakakani. Counsel for the Appellant: Sri Kappera Koteswara Rao Standing Counsel for Endowments Counsel for the Respondent No.1 : Sri Sai Gangadhar Chamarty The Court made the following order: APHC010445622023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND’AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 8/2024 Between: 1.SRI KASI VISWESWARA ANNAPOORNA DEVASTHANAM, SRI KASI VISWESWARA ANNAPOORNA DEVASTHANAM GOVERNORPET, SHIVALAM STREET, VIJAYAWADA, KRISHNA DISTRICT, REP. BY ITS TRUSTEE,APPANA MAHA SADA SIVA SURYANARAYANA RAO ...APPELLANT AND 1.APPANA VENKATA SATYA SAIBABU, S/0. LATE VENKATA KRISHNAIAH, AGED 53 YEARS, BUSINESS, R/0. D. NO. 39-16-11, GIRI SAI TOWERS, S4, RUKMINI KRISHNA RICE MILL ROAD, VIJAYAWADA. 2.THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 3.APPANA MAHA SADHA SIVA NARAYANA RAO, S/0 LATE VENKATA KRISHNAYYA, AGED 79 YEARS ROAD,R/0. D. NO. VIJAYAWADA. 11-62-28, UPSTAIR, CANAL ...RESPONDENT(S): against ordersAppeal filed against the orders in OA 481/2011 dated 30-09-2021 passed by AP EndowmentTribunal, Amaravati, Peddakakani Appeal Under Section lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated i in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 78 days in filling Civil Miscellaneous Appeal and pass such lA NO: 2 OF 2024 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 may be pleased to suspend the orders in OA 481/2011 dated 30-09-2021 passed by AP Endowment Tribunal Amaravati Peddakakani and Counsel for the Appellant: 1.KAPPERA KOTESWARA RAO SC for Endowments,AP Region. Counsel for the Respondent(S): I.SAI GANGADHAR CHAMARTY pass such THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUSAPPEALNO: 8/2024 JUDGMENT: Heard learned counsel for the appellant and learned counsel for the respondent. 2. The present appeal is preferred by the institution, assailing the order dated 30.08.2021 passed in O.A.No.481 of 2011 on the file ofA.P. Endowment Tribunal, Pedakakani, Amaravati. St 3. Initially, the said O.A. has been instituted by the 1 respondent herein under Section 87(1 )(h) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 30 of 1987(for brevity ‘Act’),to recognize him asmember of the founder family of subject temple.The same came to be allowed by the Tribunal, declaring the 1^* respondent as member of the founder family of subject temple. As against the said order, the present appeal is instituted under Section 84(2) of the Act. This Court has considered similar issue, as to whether 4. appeal is maintainable under Section 84 (2) of the Act, filed by the institution, in C.M.A.No.496 of 2024 and took view that only cases where there is a dispute with respect to the title of subject 3 property, as asserted by institution and also the private party, appeal would lie and in all other cases, the aggrieved party to has remedy of revision under Section 91 of the Act.Even in the present case, the claim instituted before the Tribunal under Section 87(1 )(h) of the Act, as no further appeal is provided against the final orders of the Tribunal, the only remedy would be to file revision under Section 91 of the Act. was one 5. In view of the same, the present appeal is clearly not maintainable and is accordingly dismissed, by granting liberty to the appellant to prefer revision under Section 91 of Act, inasmuch as appellant has been pursuing the present appeal bonafidely, theperiod spent so far be claimed for exemption under Section 14 of the Indian Limitation Act, 1963, in the process of preferring revision. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The A.P EndowmentTribunal, Amarava.l, Peddakakani, Guntur District ' Kappera Koteswara Rao Endowments, AP Region [OPUCJ One CC to Sri. Sai Gangadhar Chamarty, Advocate [OPUC] 4. The Section Officer, V.R Section, High Court of Andhra Pradesh. 5. Two CD Copies Standing Counsel for HIGH COURT DATED:14/08/2025 JUDGMENT CMA NO. 8 OF 2024 rXMBHS ^ 11 SEP 2025 )g Ts^QurrentSe # DISMISSING THE APPEAL