T VENKATACHARYA Vs. DEPUTY COMMISSIONER OF ENDOWMWNTS WARANGAL

JUDGEMENT

(1.) The revision petitioners are plaintiffs in O.S. No. 161 of 2002 on the file of the Principal Junior Civil Judge, Warangal. The suit was filed for declaration and for perpetual injunction. The learned Judge framed the point for consideration as hereunder. "Whether this Court has jurisdiction to entertain the present suit." Ultimately, the learned Judge returned the plaint under Order VII Rule 10 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) with a direction to file the plaint before the Senior Civil Judge's Court having jurisdiction and the intimation of the return of the plaint to be informed to the plaintiffs and the plaintiffs were directed to file an application before the Court to specify the Court in which the plaintiffs propose to present the plaint after its return.

(2.) Sri T.P. Acharya, learned Counsel representing the appellants would submit that the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, 1987, would apply only to the properties pertaining to the said institutions or endowed to them, but the said Act is not applicable to the private patta lands. The learned Counsel in all fairness would submit that though a civil miscellaneous appeal under Order XLIII Rule 1 of the Code has to be filed, that would not come in the way of this Court in exercising the supervisory jurisdiction under Article 227 of the Constitution of India. The learned Counsel placed strong reliance on the decisions in Mallikarjuna Srinivasa Gupta v. K. Sheshirekha, 2006 (3) ALD 362; Koripalli Ram Krishna Rao v. State Bank of Hyderabad and others, 2005 (1) ALD 526 and Surya Dev Rai v. Ram Chander Rai and others, 2003 (5) ALD 36 (SC).

(3.) Heard the Counsel.