KOTAMREDDY BALARAMI REDDY Vs. KONDANDARAMASWAMY TEMPLE

JUDGEMENT

(1.) The judgment-debtor in O.S. No. 19 of 1982, on the file of the Senior Civil Judge, Kovur, filed this C.M.A., aggrieved by the rejection of an application filed under Rule 90 of Order 21 C.P.C.

(2.) O.S. No.19 of 1982 was filed by the 1st respondent, Sri Kodandaramaswamy Temple, Buchireddypalem, against the appellant, in the Court of Subordinate Judge, Kavali, Nellore District. Initially, it was represented by the hereditary Dharmakartha, by name, Dodla Padnuranga Reddy. The suit was decreed and the decree became final. In the meanwhile, the Court of Subordinate Judge, Kovur, was formed and the subject-matter of the decree came within the jurisdiction of that Court. Therefore, the E.P. No. 13 of 1995 was filed in that Court. In the course of execution, an item of immovable property belonging to the appellant was brought to sale. He filed E.A. No.215 of 1999, to set aside the sale. Through its order dated 21-12-2000, the Executing Court rejected the E.A.

(3.) Sri N. Chandradhar Rao, learned Counsel for the appellant submits that there are material irregularities in the execution proceedings, including the one arising out of change of law, in relation to administration and management of temples. He submits that the proceedings initiated by hereditary trustee cannot be maintained, in view of the A.P. Charitable and Religious Institutions Act (Act 16/87) (hereinafter referred to as 'the Act'). He further submits that the appellant was not given adequate opportunity to contest the matter, or to deposit the decretal amount.