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.76 of 2014 AND RECEIVE & TRANSMIT CIVIL MISCELLANEOUS PETITION No. 87 OF 2014 Between:
P. Isaiah, S/o. Nagaiah, Pastor of Bethany Prayer House, D. No. 12-1-112/4, Shalim Nagar, Narsaraopet, Guntur District.
.. Petitioner in R&TP No. 76 & R&TPMP No. 87 of 2014) (Plaintiff in OS. (SR) No. 30679 of 2014 sought to be received in the High Court, sought to be presented to the Senior Civil Judge, Narasaraopet, Guntur District) AND Nagularapu Rajanna, S/o. Yohan, Christian, Pastor, Jehovsahamma Prayer House, Alluru, Kothapatnam Mandal, Prakasam District, A.P.
Respondent in R&TP No. 76 AND R&TPMP No. 87 of 2014) (Defendant in do) R & T P.No. 76 of 2014 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 Narasaraopet, Guntur District;
R &TMP. NO. 87 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. 76 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 an extent of Ac. 0.10 cents in site including structures i.e. Bethany Prayer House and the residential house for the petitioner situated at Narasaraopet Town, Shalem Nagar Area, Narasaraopet Sub Dist., Guntur District bounded by East: Property of Koti Ratnam South: Property of Nageswara Rao West: Property of Kakani Prabhakar North: Municipal CC Road 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. 30679 of 2014 sought to be preferred to the Court of the Senior Civil Judge, Narasaraopet, Guntur District, be received in the High Court;
2. The notice returnable to the said Court of the Senior Civil Judge, Narasaraopet, Guntur District, do issue to the Respondents in R&TP.M.P.No. 87 of 2014 returnable in one week to the Court of the Senior Civil Judge, Narasaraopet, Guntur 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. 30679 of 2014 sought to be preferred to the Court of the Senior Civil Judge, Narasaraopet, Guntur District, be transmitted to the said Court of the Senior Civil Judge, Narasaraopet, Guntur District, // TRUE COPY // To ASSISTANT REGISTRAR FOR ASSISTANT REGISTRAR
1. The Senior Civil Judge, Narasaraopet, Guntur District, (BY RPAD with petitions all the material papers of O.S)
2. Nagularapu Rajanna, S/o. Yohan, Christian, Pastor, Jehovsahamma Prayer House, Alluru, Kothapatnam Mandal, Prakasam District, A.P. (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 Ksv Date of drafting: 01-10-2014 MSKJJ DATE: 01-10-2014 ORDER RTP NO. 76 OF 2014 AND RTPMP NO. 87 OF 2014 DIRECTION