THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY SECOND APPEAL No.445 of 2010 JUDGMENT: The appellant filed O.S.No.59 of 1997 in the Court of the Senior Civil Judge, Adoni for the relief of perpetual injunction to restrain the respondents herein from executing any sale deed in favour of third parties in respect of the suit schedule properties. It was pleaded that the suit schedule properties are endowed with the appellant-Temple and the respondents are trying to alienate the same without any legal basis. The respondents opposed the suit by raising an objection as to the maintainability of the suit and resisting the same on merits. Through its judgment, dated 28.02.2005, the trial Court dismissed the suit. A.S.No.33 of 2007 filed by the appellant in the Court of the II Additional District Judge, Kurnool at Adoni was dismissed on 02.01.2010. Hence, this second appeal. Heard the learned counsel for the appellant and the learned counsel for the respondents. The suit was filed for the relief of injunction in the form of prevention of the respondents from alienating the suit schedule properties. Such a suit, on the face of it, is not maintainable. The relief to restrain the respondent from alienating the property can be claimed only as an interim measure and not as a final relief. Secondly, Section 87 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short ‘the Act’) conferred jurisdiction earlier upon the Deputy Commissioner of Endowments and thereafter, upon the Endowments Tribunal to adjudicate the matters of this nature. Section 151 of the Act bars the jurisdiction of the civil Courts. The appellant has naturally to seek the relief in the form of a declaration that the suit schedule properties belong to it. Once that relief is granted, the restriction upon the respondents from alienating the property would be a matter of course or incidental thereto. Even now, the appellant can pursue the remedies under the Act. The second appeal is accordingly dismissed, leaving it open to the appellant to approach the Endowments Tribunal under the relevant provisions of the Act. If an application is filed before the Tribunal, it shall adjudicate the same uninfluenced by any observations made by the trial Court or the lower appellate Court. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:20.06.2011. kdl