THIRUMAL TIRUPATI DEVASTHANAMS Vs. THALLAPPAKA ANANTHA CHARYULU

JUDGEMENT

(1.) These appeals are against the judgment dated 25th September, 1966 by which two writ petitions seeking writs of prohibition and a contempt petition have been disposed of. reported in 1996 (4) Andh LT 15

(2.) The dispute in this proceedings relates to 28.58 acres in Survey Numbers 686, 645 and 679 of Tirumala Village. This land is situated on Tirumala Hills where the temple of Sri Venkateshwara Swamy is situated. The appellants are the statutory Devasthanam in control and management of the temple. The facts leading to the present litigation are set out in the impugned Judgment. In the impugned Judgment the Appellants are referred to as "T.T.D." whereas the respondents are referred to as "the Tallapaka people". The facts as set out in the impugned Judgment, are as follows :

(3.) Thus as per the law laid down by this Court in Andhra Pradesh the Civil Court would have jurisdiction only in cases of misrepresentation, fraud or collusion of parties. The question still remains whether the High Court could or should have, in exercise of its writ jurisdiction, issued writs of prohibition against the civil Court from proceeding with the suit before it and against the Revenue Divisional Officer, Tirupati from proceeding with the appeal preferred by the appellants against the order of the Inams Deputy Tahsildar, Chittoor. It must be remembered that in the Civil Procedure Code there are sufficient provisions, particularly Order 7 Rule 11 and Order 14 Rule 2, which give to the civil Court powers to decide its own jurisdiction and questions regarding maintainability of the suit. The civil Court is also competent to decide whether a suit before it is barred on principles of estoppal or res judicata.