Sayyad Mukthum v. Sri Venugopala Swamy Temple

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CMA.No.735 of 2012 JUDGMENT:

This appeal is filed aggrieved by the order, dated 08-05-2007 in O.A.No.69 of 2005 on the file of Deputy Commissioner, Endowments Department, Kakinada. Heard learned counsel for the appellant and learned counsel for the respondent.

Learned counsel for the respondent raised an objection stating that the appeal is not maintainable, because the appellant has remedy under Rule 11(2) of the Andhra Pradesh Charitable And Hindu Religious Institutions And Endowments Tribunal Rules (Tribunal Rules) by filing petition to set aside the exparte order and the same is not disputed by the learned counsel for the appellant. In view of the above, the appeal is dismissed. But, however it is open for the appellant to avail remedy available under Rule 11(2) of the Tribunal Rules within a period of four weeks from today and on such application, the Tribunal shall dispose of the same within a period of two months as per law. If the appellant fails to file application, it is open for the respondent to proceed further in the matter.

As a sequel to the disposal of this appeal, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 20-01-2016 nvl