Katamreddy Srikumari v. Konda Sankar Reddy And

HON'BLE SRI JUSTICE S.V.BHATT CIVIL REVISION PETITION No.3256 of 2015 ORDER:

The appellant in A.S.No.51 of 2009 in the Court of the I Additional District Judge, Nellore is the revision petitioner. The appellant being aggrieved by the judgment and decree in O.S.No.109 of 2007 in the Court of the Senior Civil Judge, Nellore has filed the instant appeal. The original defendant one Degapudi Venku Reddy died on 10.01.2012. Eruvuru Venku Reddy S/o.Srinivasulu Reddy, claiming to be the Secretary of Konda Sankar Reddy and Mahalakshamma Arts and Science Junior College and Degree College, Northrajupalem, filed I.A.No.101 of 2015 in A.S.No.51 of 2009 one in the nature of substitution of Degapudi Venku Reddy. Learned I Additional District Judge having regard to the nature of controversy pending for decision in the appeal, allowed the I.A. and permitted Eruvuru Venku Reddy to come on record as respondent No.2. Hence, this revision.

Sri P.Gangarami Reddy, learned counsel for the petitioner, contends that the learned appellate Judge ought not to have permitted Eruvuru Venku Reddy firstly to come on record and secondly that when steps are taken by filing I.A.No.101 of 2015 to amend cause title and also bring on record the members of Society, the appellate Court instead of ordering I.A.No.101 of 2015 ought to have passed comprehensive orders in all the pending applications which are filed with the demise of Degapudi Venku Reddy.

I have carefully considered the twin objections taken by the learned counsel for the petitioner. Prima facie, I am of the view

that the first objection against inclusion of Eruvuru Venku Reddy through the order impugned does not suffer from any infirmity. As regards the other objection that the learned appellate Judge ought to have disposed of the applications filed by the revision petitioner needs reference and accordingly to ensure proper representation of the members of the Society, the appellate Court is directed to consider and dispose of I.A.Nos.107 and 341 of 2014 in A.S.No.51 of 2009 filed by the revision petitioner herein to bring on record the members of the Society as early as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the appellate Court shall dispose of A.S.No.51 of 2009 preferably within two months from the date of receipt of a copy of this order.

With the above observations, the C.R.P. is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ S.V.BHATT,J Dt:21.08.2015 Note: Issue cc in one week.

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