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

HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION Nos.631 & 726 OF 2015 COMMON ORDER:

Both the Civil Revision Petitions are filed questioning the common order dated 03.09.2014, passed by the Principal District Judge, Khammam, in I.A.Nos.501 of 2013 and 502 of 2013 in O.P.No.195 of 2013, wherein and whereby, the applications filed by the petitioners under Order 26 Rule 1 CPC to appoint an Advocate Commissioner with a direction to seize all the records of the 1st respondent Society in I.A.No.501 of 2013 and Order 40 Rule 1 CPC read with Section 151 C.P.C, to appoint a Receiver/In-charge of the 1st respondent's Society to maintain the affairs of the Society in I.A.No.502 of 2013 in O.P.No.195 of 2013, were 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 both the I.As 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 reasons to interfere with the common order dated 03.09.2014, passed by the Court below in both the I.As. However, considering the fact that the petitioners are nonresident 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, both the Civil Revision Petitions are disposed of directing the

Court below to dispose of the main O.P.No.195 of 2013 itself at the earliest point of time preferably within a period of six months from the date of receipt of 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 Date:15.04.2015.

Gk.

HON'BLE SRI JUSTICE CHALLA KODANDA RAM

CIVIL REVISION PETITION Nos.631 & 726 OF 2015 Date:15.04.2015 Gk