N.Venkateswarlu vs. The Assistant Commissioner

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MONDAY, THE THIRTIETH DAY OF SEPTEMBER, TWO THOUSAND AND NINETEEN : PRESENT: THE HON'BLE SRI JUSTICE M. VENKATA RAMANA IA.No. 1 of 2019 $\mathsf{IN}$ CMA.No. 1031 of 2010

Between:

N. Venkateswarlu, S/o. Late Ramaiah

Petitioner/Appellant (Appellant in CMA.No. 1031/2010) on the file of the High Court)

AND

• 1. The Assistant Commissioner, Endowments Department, Nellore, SPSR Nellore District.
• 2. Sri Balanjaneya Swamy Temple, Sullurpeta Village, SPSR Nellore District, rep. by its Manager.

Respondents/Respondents (Respondents in do)

Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to direct the respondents not to interfering in petitioner's premises (House) of R/o D.No. 9/77(9-9-107), an extent of 63 Ankanams and 55 Sq (433 Sq.yds situated at Park Veedhi, Sullurpeta Village, SPSR Nellore District), pending disposal of CMA.No. 1031/2010 preferred to the High Court against the order of the A.P. Endowments Tribunal, Hyderabad made in OA.No. 47/2009 (of D.C.Guntur) OA.No. 1373/2010 dt. 13-10-2010.

The petition coming on for hearing, upon perusing the petition and affidavit filed herein, and Orders of High Court dated 12-06-2019 & 22-07-2019 made herein and upon hearing the arguments of Sri Suresh Kumar Routhu, Advocate for the Petitioner, and of Sri G. Ramana Rao, Standing counsel for Endowments for 2^nd Respondents, the Court made the follwoing

ORDER:

Heard learned counsel for the respondents. None represented the appellant. Sri G. Ramana Rao, learned Standing Counsel for Endowments representing second respondent in C.M.A. contends that taking advantage of status quo order granted on 12-06-2019, even though the appellant had been evicted from the premises in question as per orders in O.A. N. 47 of 2009 dated 13-10-2019, on 14-05-2019 he took forcible possession of the premises and is now trying to sub-let.

In the circumstances stated, the appellant is directed not to sub-let the premises till 16-10-2019 and not to meddle with the property in dispute in any manner.

Both the parties are directed to get ready with C.M.A. itself.

// TRUE COPY //

List the appeal on $16-10-2019$ .

SD/- K. TATA RAO ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

To

• 1. The Registrar, A.P. Endowments Tribunal, Hyderabad.
• 2 One CC to Sri Suresh Kumar Routhu, Advocate(OPUC)
• 3 One CC to Sri G. Ramana Rao, Standing Counsel, High Court, Andhra Pradesh (OUT)
• 4. One spare copy.

HIGH COURT

$MVR,J$

DATED: 30-09-2019

NOTE: LIST THE APPEAL ON 16-10-2019

ORDER

IA.NO. 1 OF 2019 $\mathbf{IN}$ CMA.NO. 1031 OF 2010

DIRECTION

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