IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.400 OF 2010 DATED:01.6.2010 Between: Church of South India Krishna Godavari Diocese C.S.I. Compound, Gopalreddy Road, Vijayawada, Rep. by its Diocesan Secretary, Sri D. Prabhakar Rao … Appellant And The District Collector, Krishna District At Machilipatnam and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.400 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) A communication addressed by the Collector & District Magistrate, Krishna, Machilipatnam, to the Revenue Divisional Officer, Vijayawada and the Tahsildar, Mylavaram certifying eligibility of 11 persons for issuance of possession certificates on the strength of decision in original suit No.1194 of 1988 and of other 16 persons on the basis of their actual residence came to be questioned by medium of writ petition which was dismissed inter alia on the ground that the claim advanced gives rise to a dispute of title which can be adjudicated upon by a civil court. Rightly so because dispute of title in the given circumstances cannot be decided without documentary and elaborate oral evidence. Thus we find no fault with the view taken by the learned single judge. Yet another reason to refuse the indulgence that is the non joinder of the parties whose title over the subject matter of the lis is questioned. Dismissed. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 01-6-2010 B. Narsinga Rao