CHINNAREDDIVARI RAMCHANDRA REDDY Vs. ARCHAKAM SREENIVASA ASA BHATTAR

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India is directed against an Order dated 15-7-2004 made in I.A.No.829 of 2004 in O.S.No.188 of 2004 on the file of the learned Principal Junior Civil Judge, Punganur, Chittoor District.

(2.) Petitioners are defendants and the respondent is the plaintiff in O.S. No.188 of 2004, which was laid seeking permanent injunction restraining the defendants and their men from interfering with the functioning of the plaintiff as Archaka of Sri Venugopala Swamy Temple, Kudurucheemanapalli. Along with the suit, the respondent-plaintiff also filed LA. No.829 of 2004 under Order XXXIX Rules 1 and 2 of the Civil Procedure Code seeking temporary injunction pending disposal of the suit. By an order dated 15-7-2004, the trial Court while depensing with urgent notice granted temporary injunction. Challenging the same, the present civil revision petition is filed.

(3.) At the outset, it may be mentioned that though without filing any vacate petition before the trial Court, straight away this civil revision petition is filed by the defendants mainly on the ground that the very suit itself is not maintainable in respect of the disputes relating to management of an endowment in view of Section 151 read with Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') and as such, the lower Court is denuded of its jurisdiction and the suit itself is not maintainable; therefore, the interim injunction order passed by the Court below is liable to be set aside.