KUPPUSWAMY NAIDU M Vs. P N SUBBARAYULU

JUDGEMENT

(1.) In this C.R.P. the orders passed by the Lower Court in CM. A. 10/96, dated 15-7-1996, are challenged on various grounds.

(2.) On behalf of the petitioner, Sri P.S. Narayana, learned counsel for petitioner, has tried to take this Court to various factors leading to the institution of the sui tO.S. 9/96 on the file of Prl. Subordinate Judge, Tirupati by the respondent herein for a declaration and consequential injunction. The dispute looks to me, is with regard to the Survey No.269/2 situated in Tiruchanoor village, Tirupati Mandal, Chittoor District There is claim and counter claim by both the petitioner as well as the respondent on the question of tide over the properties.

(3.) On elaborate hearing from the learned counsel for me petitioner and Sri Venkata Narayana, learned counsel for the respondent, I am inclined to say the controversy could be resolved by directing the Trial Court to dispose of the suit O.S.No.9/96 pending on its file in an appropriate time. The learned counsel for the petitioner raised a preliminary objection before this Court by contending that when the title of the property is disputed and the matter is pending before the revenue authorities, filing of suit for declaration is not maintainable. In support of this contention he relied on a decision in Pushpagiri Nath vs. K. Veerabhadra Rao. With the assistance of the above decision, the learned counsel tried to persuade mis Court to examine on the question of maintainability of the suit itself.