HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE FIRST DAY OF OCTOBER TWO THOUSAND AND FOURTEEN : PRESENT:
THE HON’BLE SRI JUSTICE: M.S.K. JAISWAL RECEIVE & TRANSMIT PETITION No.75 of 2014 AND RECEIVE & TRANSMIT CIVIL MISCELLANEOUS PETITION No. 86 OF 2014 Between:
K. Devadas, S/o. Rosaiah, Christian, Pastor, Bethaniya Prayer House, H. No. 11/214-A, 11th Ward, Gundrapalli Road, Chanduru Village & Mandal, Nalgonda District, State of Telangana.
.. Petitioner in R&TP No. 75 & R&TPMP No. 86 of 2014) (Plaintiff in OS. (SR) No. 30673 of 2014 sought to be received in the High Court, sought to be presented to the Senior Civil Judge, Nalgonda, Nalgonda District) AND Vara Prasad, S/o. Prabhudas, Christian, Pastor, Bethaniya Prayer House, Gundrapalli Road, Chanduru Village & Mandal, Nalgonda District, State of Telangana.
R & T P.No. 75 of 2014 Respondent in R&TP No. 75 AND R&TPMP No. 86 of 2014) (Defendant in do) Petition under Section 33 of the A.P. Civil Courts Act, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to receive and transmit the suit bundle and pass appropriate interim orders by remitting the suit to the suit filed before Senior Civil Judge at Nalgonda, Nalgonda District after reopening the courts;
R &TMP. NO. 86 OF 2014 Petition under Order 39 Rule 1 & 2 r/w. Section 151 of CPC praying that in the circumstances stated in the affidavit filed in R&TP No. 75 of 2014 the High Court may be pleased to grant ad-interim injunction in favour of the petitioner restraining the respondent and their men and agents and persons claiming through them from ever interfering with the possession and enjoyment and conducting of prayers in the petition schedule church in the interest of justice;
SCHEDULE PROPERTY All that Bethaniya Prayer House with a residential quarter of the pastor situated in Block No. 14, Sy. No. 207 at Chanduru Village and Mandal, Nalgonda District State of Telangana bounded by East: 9 feet inside way South: Plot of B. Papaiah West: 9feet inside way North: Plot of B Anthaiah These petitions coming on for orders, upon perusing the petitions and the affidavits filed herein and upon hearing the arguments of Sri K.V. Bhanu Prasad, Advocate for the Petitioner in all the petitions;
IT IS ORDERED AS FOLLOWS:
1. That the papers bearing O.S.(Sr) No. 30673 of 2014 sought to be preferred to the Court of the Senior Civil Judge, Nalgonda, Nalgonda District, be received in the High Court;
2. The notice returnable to the said Court of the Senior Civil Judge, Nalgonda, Nalgonda District, do issue to the Respondents in R&TP.M.P.No. 86 of 2014 returnable in one week to the Court of the Senior Civil Judge, Nalgonda, Nalgonda District to show cause why this application should not be complied with:
3. The Court made the following ORDER:
“Urgent notice to the respondent returnable in one week.
Till then, the respondent is directed not to interfere with the conducting of prayers in the Church”.
4. That the aforesaid papers bearing O.S.(Sr) No. 30673 of 2014 sought to be preferred to the Court of the Senior Civil Judge, Nalgonda, Nalgonda District, be transmitted to the said Court of the Senior Civil Judge, Nalgonda, Nalgonda District, // TRUE COPY // To ASSISTANT REGISTRAR FOR ASSISTANT REGISTRAR
1. The Senior Civil Judge, Nalgonda, Nalgonda District, (BY RPAD with petitions all the material papers of O.S)
2. Vara Prasad, S/o. Prabhudas, Christian, Pastor, Bethaniya Prayer House, Gundrapalli Road, Chanduru Village & Mandal, Nalgonda District, State of Telangana. (BY RPAD)
3. One CC to Sri K.V. Bhanu Prasad, Advocate (OPUC)
4. The Section Officer, Judicial Section, High Court of A.P., Hyderabad.
5. Two spare copies. Ksv HIGH COURT MSKJJ DATE: 01-10-2014 ORDER RTP NO. 75 OF 2014 AND RTPMP NO. 86 OF 2014 DIRECTION