KAPADAM SANGALAPPA Vs. KAMATAM SANGALAPPA

JUDGEMENT

(1.) The present Appeals arise from a long-standing and deeply rooted dispute between two Sec. of Kuruba community in Anantapur District of Andhra Pradesh i.e., the Kapadam families of Gungulakunta village and the Kamatam families of Yerrayapalli village. The controversy, extending over several decades, centers upon the performance of religious rituals and the custody of idols and paraphernalia associated with the deity Lord Sangalappa Swamy, who is the common deity worshipped by both the sects.

(2.) The litigation traces back nearly a century. The first in the series of suits was O.S. No.486 of 1927 filed before the District Munsif Court, Anantapur by members of the Kamatam (respondents herein) sect of Yerrayapalli, seeking custody of pooja articles and religious paraphernalia relating to Lord Sangalappa Swamy, which included items such as bronze horses, idols of Lord Sangalappa Swamy, and other articles of worship. Although these articles were of negligible material value, they carried immense sentimental and religious significance for the community.

(3.) On the other hand, the Kapadam (appellants herein) sect of Gungulakunta village resisted the claim. The suit, O.S. No. 486 of 1927, was dismissed, and an appeal, A.S. No. 114 of 1928 preferred before the District Judge, Anantapur, met with the same fate. While dismissing the appeal, the learned District Judge observed that a fresh suit could be filed in a representative capacity under Sec. 92 of the Code of Civil Procedure, 1908 [For short 'CPC'] for the proper management of the endowment, suggesting that such a proceeding would be appropriate to regulate the administration of the temple.