Kaja Manyam Veera , Kaja Veera Venkata Subrahmanyam v. Sai Dhurga Balaji Health And Educational Welfare Society

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION NO.1534 of 2015 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India, questioning the order dated 03.09.2014, passed by the Principal District Judge, Khammam, in I.A.No.500 of 2013 in O.P.No.195 of 2013, wherein and whereby, the application filed by the petitioner under Order 39 Rules 1 & 2 r/w Section 151 CPC to issue ad-interim injunction directing respondent Nos.32, 33 and 34 Banks to freeze the corresponding bank accounts and not to permit respondents 2 and 3 to operate the Bank accounts, was dismissed. Heard Sri Kowturu Vinaya Kumar, learned counsel for the petitioners and the learned counsel appearing for the respondents 1 to 3.

A perusal of the common order passed by the Court below shows that the Court below after elaborately discussing the various aspects in the matter came to a prima facie conclusion that the petitioners were involved at every stage, either by themselves or through their authorised agents, in taking decisions which are challenged now in the revision petitions. However, considering the fact that passing of any order at this stage by way of interim relief in the impugned Interlocutory Applications, as it virtually amounts to granting of final relief in the main O.P, the Court below dismissed the I.A by way of a common order dated 03.09.2014. In view of various findings recorded by the Court below, I do not find any reason to interfere with the common order dated 03.09.2014, passed by the Court below I.As.

However, considering the fact that the petitioners are non-resident Indians who claimed to have funded the Society, to allay their fears, it is just and necessary to give a direction to the Court below to dispose of the main O.P itself at the earliest, preferably within a period of six months from the date of receipt of copy of this order.

Accordingly, the Civil Revision Petition is disposed of directing the Court

below to dispose of the main O.P.No.195 of 2013 itself at the earliest, preferably within a period of six months from the date of receipt of a copy of this order. However, both parties shall cooperate with the enquiry, recording of evidence and in submitting the arguments in the O.P. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in these revision petitions shall stand dismissed. No order as to costs.

_____________________ CHALLA KODANDA RAM, J.

24th April, 2015 Js.