APHC010498792017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL NO: 169/2017 Between: 1. CHENNUPATI VEERAIAH, S/O RAMANAIAH, OCC: CULTIVATION, R/O SRINAGAR, ADDANKI VILLAGE & MANDAL, PRAKASAM DISTRICT. ...APPELLANT AND 1. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT, ONGOLE, PRAKASAM DISTRICT. 2. KARRI PARASAIAH KUNTA, ADDANKI VILLAGE AND MANDAL, PRAKASAM DISTRICT, REP BY ITS EXECUVIVE OFFICER. ...RESPONDENT(S): Appeal Under Section_____against ordersaggrieved by the decree and order passed in O.A No.411/2012 dt.30.09.2016 on the file of AP Endowments Tribunal, Pedakakani IA NO: 1 OF 2017(CMAMP 280 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 stay of all further proceedings in pursuant to the decree and order passed in O.A No.411/2012 dt.30.09.2016 on the file of AP Endowments Tribunal, Pedakakani pending disposal of the above CMA. IA NO: 2 OF 2017(CMAMP 333 OF 2017) 2 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 grant leave to file additional affidavit in the above CMA IA NO: 5 OF 2017(CMAMP 4726 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. V MALLIK Counsel for the Respondent(S): 1. 2. A SREEKANTH REDDY(SC FOR ENDOW RS) CIVIL MISCELLANEOUS APPEAL NO: 724/2017 Between: 1. KARRI SUBBA RAO, S/O CHIMPIRAIAH, AGED ABOUT 53 YEARS, CULTIVATION, R/O BYTAMANJULURU VILLAGE, J.PANGULURU MANDAL, PRAKASAM DISTRICT, STATE OF A.P. ...APPELLANT AND 1. THE ASSISTANT COMMISSIONER ANOTHER, ENDOWMENTS DEPARTMENT, ONGOLE, PRAKASAM DISTRICT. 2. SRI KARRI PARASAIAH KUNT, ADDANKI VILLAGE & MANDAL, PRAKASAM DISTRICT. REP. BY ITS EXECUTIVE OFFICER. ...RESPONDENT(S): Appeal Under Section_____against ordersaggrieved by the decree and judgment passed in OA No.416 of 2012 dt.30.09.2016 on the file of AP Endowments Tribunal, Pedakakani. IA NO: 1 OF 2017(CMAMP 1213 OF 2017 3 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 condone the delay of 172 days in representing the bundle and pass. IA NO: 2 OF 2017(CMAMP 1214 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 stay of all further proceedings in pursuant to the decree and order passed OA No.416 of 2012 dt.30.09.2016 on the file of AP Endowments Tribunal, Pedakakani, pending disposal of the above CMA IA NO: 5 OF 2017(CMAMP 4946 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. V MALLIK Counsel for the Respondent(S): 1. 4 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN CIVIL MISCELLANEOUS APPEAL Nos:169 and 724 of 2017 The Court made the following common Judgment: Heard Sri A.S.Virat, learned counsel, representing through V.Mallik, learned counsel for the appellants and Sri K.Koteswara Rao, learned counsel for respondent No.2. 2. These two appeals arise out of orders passed by the Andhra Pradesh Endowments Tribunal in O.A.Nos.411 and 416 of 2012, by which the appellants herein were ordered to be evicted and to deliver the vacant possession of the schedule property therein. In fact, by the common order dated 30.09.2016, the Tribunal disposed of batch of O.As. vide O.A.Nos.407, 408, 411, 412, 413, 414, 416, 417, 419, 420, 421, 422, 423, 425, 426, 427, 428, 430, 431, 432 and 433 of 2012, which included aforesaid O.A.Nos.411 and 416 of 2012 as well. Aggrieved by these orders, respective parties preferred appeals before this Court in C.M.A.No.182 of 2017 and batch. By common judgment dated 12.01.2024, this Court disposed the same, by setting aside the common order dated 30.09.2016, by holding that the Tribunal did not have jurisdiction to decide the title dispute between the parties. However, liberty was granted to appellants to file civil suit before jurisdictional civil Court within two (02) months from the date of receipt of copy of the order and till then, parties were directed to maintain status quo existing as on that day. 5 3. Learned counsel for the appellants has placed on record the common order passed in aforesaid batch of appeals, by way of additional material papers. It is submitted that present two appeals are also covered by the said common judgment dated 12.01.2024. 4. Learned counsel for the respondents does not deny the same. 5. In view of aforesaid submissions, having regard to the fact that this Court has already adjudicated the lis between the parties and tested the correctness of common order dated 30.09.2016 in batch of O.As., these appeals are disposed of in terms of aforesaid common order passed in C.M.A.Nos.182 of 2017 and batch. 6. Accordingly, these Civil Miscellaneous Appeals are disposed of, by setting aside the common order dated 30.09.2016 insofar as, O.A.Nos.411 and 416 of 2012, on the file of the A.P. Endowments Tribunal at Pedakakani. Further, liberty is granted to the appellants to file a civil Suit before the civil Court having original jurisdiction as are available under law within a period of two (02) months from the date of receipt of a copy of this order. Till then, both the parties in these appeals are directed to maintain status quo existing as on today. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 24.07.2025 KBN