THE HON’BLE SRI JUSTICE K.C. BHANU APPEAL SUIT No.925 OF 2010 JUDGMENT: This Appeal Suit, under Section 84 (2) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 read with Section 151 of the Code of Civil Procedure, 1908, is directed against the judgment and decree, dated, 27.09.2010, in O.A.No.753 of 2010, on the file of the Andhra Pradesh Endowments Tribunal, Hyderabad, (originally O.A.No.8 of 2010 was filed before the Deputy Commissioner of Endowments, Karimnagar, which was later transferred to Andhra Pradesh Endowments Tribunal, Hyderabad, and renumbered as O.A.No.753 of 2010), whereunder and whereby, the appellant herein was directed to vacate and hand over the schedule land within one month by written intimation to the respondents herein, else to vacate the appellant herein and anybody claiming through him or under him by respondent No.1 herein with police aid and deliver possession of the same to respondent No.1 herein. 2. Learned counsel for the appellant contended that the appellant was not given an opportunity to put forward his case and that the appellant claims to be purchaser of the property in question in public auction conducted by Sri Anjaneya Swamy Devasthanam and hence, he prays to set aside the impugned judgment. 3. Admittedly, O.A.No.8 of 2010 was filed before the Deputy Commissioner, Karimnagar. After constitution of Endowments Tribunal, the same was transferred to the file of Andhra Pradesh Endowments Tribunal, Hyderabad and renumbered as O.A.No.753 of 2010. It is the case of the respondents herein that the appellant failed to attend the Court even after service of notice. But, the impugned order does not indicate or reveal about the actual service of notice on the appellant after the case was transferred from the file of the Deputy Commissioner, Karimnagar, to the file of the Andhra Pradesh Endowments Tribunal, Hyderabad. Hence, the impugned judgment is liable to the set aside. 4. Accordingly, the Appeal Suit is allowed setting aside the impugned judgment and decree, dated, 27.09.2010, in O.A.No.753 of 2010 (O.A.No.8 of 2010, before Deputy Commissioner of Endowments, Karimnagar), on the file of the Andhra Pradesh Endowments Tribunal, Hyderabad, and remanding the matter to the Andhra Pradesh Endowments Tribunal, Hyderabad. The Endowments Tribunal shall fix a date for adducing necessary evidence by both the parties and after giving reasonable opportunity to both the parties to adduce evidence, the same shall be disposed of in accordance with law, preferably within a period of four months from the date of receipt of a copy of this judgment. There shall be no order as to costs. _______________ K.C. BHANU, J March 07, 2011 Note: Issue C.C. in ten days. MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU APPEAL SUIT No.925 OF 2010 Between: K. Viswa Prasad .....APPELLANT AND Sri Anjaneya Swamy Devasthanam and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU APPEAL SUIT No.925 OF 2010 March 07, 2011