Telangana High Court
SA/1113/2012 of Tirumala Tirupathi Devasthanam Vs Sri T.Narasimham on 27 December 2013
K.C. BHANU SECOND APPEAL No.1113 of 2012 JUDGMENT: O.S.No.456 of 1993 was filed by T.T.D. for declaration of title and the same was partly allowed. Against the same, A.S.No.148 of 1997 was filed by T.T.D., which was dismissed confirming the judgment of the trial Court in O.S.No.456 of 1993.
HON’BLE SRI JUSTICE K.C. BHANU
SECOND APPEAL No.1113 of 2012
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JUDGMENT:
O.S.No.456 of 1993 was filed by T.T.D. for declaration oftitle and the same was partly allowed. Against the same,A.S.No.148 of 1997 was filed by T.T.D., which was dismissedconfirming the judgment of the trial Court in O.S.No.456 of 1993.Challenging the same, the present second appeal is filed.
2. It is represented that pending the Second Appeal, the subjectmatter of the property is alienated under registered sale deed,dated 12-04-2002 for an amount of Rs.73,87,358/- in favour ofSri.K. Sri Krishna Bhatt and his wife Smt.Usha Bhatt.
3. Pursuant to the above sale, the T.T.D. authoritiesapproached the purchasers and appraised the court proceedingsstating that the portion of the land belonging to the institution wasencroached by the respondent in this Second Appeal and thepurchasers agreed for remaining encroached portion enabling thepilgrims to have pradhakshanams of Anjaneya Swamy temple.
4. Accordingly, the encroached portion was removed. Therespondent herein filed an application in C.M.P.No.8182 of 2003permitting them to reconstruct the removal portion. Subject to theresult of the Second Appeal, the said C.M.P. was dismissed onmerits by this Court.
5. Thereafter, to circumvent the same, the respondents hereinfiled W.P.No.17293 of 2003, which was also dismissed withexemplary costs of Rs.10,000/- on 01-03-2004. Writ Appeal No.767 of 2004, was allowed imposing costs giving liberty to theappellants to work out their remedies in accordance with law bytaking appropriate proceedings.
6. In view of the above facts and circumstances of the case,the appellant prays to dismiss the Second Appeal as not pressed.
7. Accordingly, the Second Appeal is dismissed as notpressed. There shall be no order as to costs.
8. Miscellaneous petitions, if any, pending in this appeal shallstand closed.
December 27, 2013PN
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JUSTICE K.C. BHANU
HON’BLE SRI JUSTICE K.C. BHANU
PN
SECOND APPEAL No.1113 of 2012
December 27, 2013