APHC010681722017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO: 1043/2017 Between: 1. JALLIPALLI VYKUNTA RAO, W.G.DIST, S/O. J. SARVESWARA RAO, AGED 63 YEARS, OCC: AGRICULTURE, R/O. MAIN ROAD, CHINTHALPUDI, WEST GODAVARI DISTRICT. ...APPELLANT AND 1. AMANCHI SREE V S SAMKRUTYAYAM W G DIST THREE OTHERS, S/O. ANJANEYULU, AGED 60 YEARS, 2. AMANCHI USHA RANI, W/O. AMANCHI SREE VENKATESWARA SWAMY SAMKRUTYAYAM, AGED 52 YEARS, (BOTH ARE RESIDENTS OF RAJAHMUNDRY, NEAR R.T.C COMPLEX EAST GODAVARI DISTRICT). 3. SRI VEGI LINGESWARA SWAMY VARI TEMPLE, REP. BY ITS EXECUTIVE OFFICER, CHINTHALAPUDI. 4. ASSISTANT COMMISSIONER OF ENDOWMENTS, WEST GODAVARI DISTRICT, ELURU. ...RESPONDENT(S): Appeal Under Section_____against ordersaggrieved by the impugned order and decree dated 27.02.2017 in 0.A.No.2575 of 2010 (old 0.A.No.230 of 2 2009) passed by the A.P. Endowments Tribunal at Pedakakani, Amaravathi, Guntur District IA NO: 1 OF 2017(CMAMP 1797 OF 2017 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 leave to the challenge the order dated 27.02.2017 in OA.No. 2575 of 2010 (Old O.A.No. 230 of 2009) on the file of A.P.Endowmnet Tribunal at Peddakakani Amaravathi, Guntur District in this appeal and to pass IA NO: 2 OF 2017(CMAMP 1798 OF 2017 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 certified copy of decree in dated 27.02.2017 in OA.No. 2575 of 2010 on the file of A.P.Endowmnet Tribunal at Peddakakani Amaravathi, for the present and to pass IA NO: 3 OF 2017(CMAMP 1799 OF 2017 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 condone the delay of 85 days in representing the above CMA and to pass IA NO: 4 OF 2017(CMAMP 1800 OF 2017 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 stay all further proceedings in pursuance of the impugned order and decree dated 27.02.2017 in OA.No. 2575 of 2010 passed by the A.P.Endowmnet Tribunal at Peddakakani Amaravathi, Guntur District , pending disposal of the above Civil Miscellaneous Appeal and pass IA NO: 7 OF 2017(CMAMP 24465 OF 2017 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 Counsel for the Appellant: 1. D S N V PRASAD BABU 3 Counsel for the Respondent(S): 1. PULIPATI RADHIKA The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL NO.1043 OF 2017 JUDGMENT:- The present Civil Miscellaneous Appeal is filed aggrieved by the impugned order and decree dated 27.02.2017 in O.A.No.2575 of 2010 (old O.A.No.230 of 2009) passed by the A.P.Endowments Tribunal at Pedakakani, Amaravathi, Guntur District. 2. Heard learned counsel for appellant and learned counsel for the respondents. 3. When the matter is taken up for hearing, learned counsel for the appellant would submit that the present CMA is filed aggrieved by the impugned order and decree dated 27.02.2017 in O.A.No.2575 of 2010 (old O.A.No.230 of 2009) passed by the A.P. Endowments Tribunal at Pedakakani, Amaravathi, Guntur District. He further submits that against the same judgment and decree dated 27.02.2017, the respondent No.3/temple already filed a C.M.A. vide C.M.A.No.1047 of 2017, wherein, this Court partly allowed the C.M.A. and hence, requested to pass appropriate orders in the present appeal. 4. For better understanding the operative portion of the said judgment reads as follows: <…In the result, this Civil Miscellaneous Appeal is allowed in part setting aside the order of Endowments Tribunal dated 27.02.2017 in O.A.No.2575 of 2010 (old O.A.No.230 of 2009) 5 setting aside the relief of declaration granted in favour of the respondents 1 and 2 in respect of the petition schedule property (disputed site), while confirming that the entries in Section 43 Register being incorrect which stand cancelled and deleted. It is open for the appellant temple to take such steps following petition schedule property (disputed site) belonged to it and also for ejectment of respondents therefrom. No costs.= 5. On the other hand, learned counsel for the respondents reported no objection for the submission made by the learned counsel for the appellant. 6. Considering the submissions made by both the learned counsel and in view of the orders dated 07.01.2017 passed by this Court in C.M.A.No.1047 of 2021, it appears that the orders dated 27.02.2017 which are impugned in the present appeal were already set aside by this Court in C.M.A.No.1047 of 2021. Therefore, this Court is of the considered opinion that the present appeal can be disposed of with a direction to the respondents to comply with the orders dated 07.01.2017 passed by this Court in C.M.A.No.1047 of 2017. 7. In the result, the Civil Miscellaneous Appeal is disposed of, directing the respondents to comply with the orders dated 07.01.2017 passed by this Court in C.M.A.No.1047 of 2017 as early as possible, not later than one year from the date of receipt of a copy of this order. No costs. 8. Registry is directed to attach a copy of the judgment passed by this Court in C.M.A.No. 1047 of 2017 dated 07.01.2021, to this order. No costs. 6 Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:10.12.2025 BSP 7 165 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL MISCELLANEOUS APPEAL.NO.1043 OF 2017 DATED:10.12.2025 BSP