IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2551 of 2010 Between: Srimad Sudhindra Thirtha Swami ..... PETITIONER AND Sri Kashi Math Samsthan rep.by its’ Mathadhipathi Srimadh Raghavendra Thirtha Swamy, Tirumala .....RESPONDENT The Court made the following: THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.2551 of 2010 ORDER: It is the case of the petitioner that the respondents herein filed the suit seeking declaration stating that the 2nd respondent herein is the present Matadhipathi of Sri Kashi Math Samsthan and to grant permanent injunction restraining the petitioner herein in any way interfering with the exercise of powers, duties and privileges as Matadhipathi. In the said suit the petitioner being the defendant filed a counter claim seeking mandatory injunction directing the plaintiffs to deliver the Deities and other paraphernalia in possession of the second plaintiff. The said suit was dismissed by judgment dated 28.01.2009 and the counter claim made by the petitioner herein was decreed. As against the said judgment, the plaintiffs filed A.S.90/2009 and A.S.91/2009 on the file of this Court along with stay application seeking stay of the counter claim. The stay application was dismissed which also said to have been confirmed by the Supreme Court. It is stated that the petitioner herein filed E.P.18/2009 on the file of the IV Additional District Judge, Tirupati wherein the plaintiffs taken a plea that in the absence of the schedule, the decree in the counter claim is unexecutable. But while delivering the judgment on issue No.8 the trial court recorded that the Advocate Commissioner was appointed to make an inventory and he filed his report and all the articles as found by the Advocate Commissioner are bound to be returned by the plaintiffs in the said suit. Hence, the defendants filed I.A.(SR).1707/2010 seeking amendment of the decree. The said application filed in I.A(SR).1707/2010 in O.S.34/2000 on the file of the IV Addl.District Judge, Tirupati was returned initially on 29.04.2010 with certain objections and the said objections are complied with. It is stated that again the said application was returned on 03.06.2010 stating that the entire material record in the suit was already submitted to this Court for consideration in A.S.Nos.90/2009 and 91/2009. The petitioner re-presented the matter stating that the certified copies of the judgment, commissioner’s report are filed in E.P.18/2009. Again the I.A.(SR).1707/2010 was returned on the ground that the records are sent to the High Court in connection with the said appeals and the certified copies of the decrees and judgment cannot be taken into consideration. In the circumstances, I am of the opinion that the issue as to whether certified copies of the judgment can be taken into consideration or not and whether the petitioner is entitled to seek amendment of the decree or not is a matter to be decided by the trial Court after numbering the application in the judicial proceedings, but it may not just and proper to decide the said issues while numbering the I.A. Without expressing any opinion with regard to the merits of the contentions of the petitioner on merits of the case, I am inclined to dispose of this Civil Revision Petition, directing the IV Additional District Judge, Tirupati to number the application filed in I.A.(SR) No.1707/2010 and decide the matter in accordance with law. Accordingly, the Civil Revision Petition is disposed of. No order as to costs. The Registry is directed to return the copy of the petition affidavit filed in I.A.(SR)No.1707/2010 either to the petitioner or his counsel. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 16.07.2010 Dsr