Kandesh Sudharshan v. Kandukuri Srihari Chary

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION NO.6201 OF 2016 ORDER:

This civil revision petition is filed under Article 227 of the Constitution of India, challenging I.A.No.280 of 2016 in I.A.No.263 of 2016 in O.S.No.77 of 2016 dated 25.10.2016 passed by the Principal Junior Civil Judge, Armoor, allowing the petition filed under Order I Rule 8 and Section 151 of C.P.C to permit the petitioner to sue the suit in representative capacity on behalf of the Sri Dasa Anjaneya Shiva Annapurna Temple Committee. The petitioner filed written statement raising a specific objection about maintainability of the suit in the absence of any permission under Order I Rule 8 C.P.C. Therefore, the present petition is filed on various grounds and this question is no more res integra, in view of the law declared by this Court in Muslira Education Society, Karimnagar v. Awaz Bin Musallam1 and Shaik Sahmiunnisa v.

Narravula Obulamma and others2. In view of the law declared by this Court, I find no ground warranting interference of this Court while exercising power under Article 227 of the Constitution of India. Hence, the civil revision petition is dismissed, leaving it open to the defendant to raise all his pleas during trial.

Consequently, miscellaneous applications pending if any, shall also stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:08.06.2017 SP 1 LAWS (APH) 1993-7-23 2 2010 (6) ALD 663

MSM,J CRP.No.5212 of 2011