VISWENDER ARYA Vs. ARYA PRATINIDHI SABHA

JUDGEMENT

(1.) Heard Sri Sarwabhouma Rao, learned counsel for the appellants and Sri Venkataraghuramulu, learned counsel representing respondents 1 to 3.

(2.) The order impugned in the present CMA was made in I.A.No. 561/2003 in O.P.No. 549/2003 on the file of the Chief Judge, City Civil Court, Hyderabad. Respondents 1 to 3 in the appeal as petitioners filed O.P.No. 549/2003 u/s 23 of the A.P. Societies Registration Act, 2001 praying for the reliefs of declaration of the alleged proceedings dated 20-11-2002 purporting to dissolve the duly elected governing body of the first petitioner as illegal, void ab initio and not binding on them and also declaring that the appointment of the alleged ad hoc committee under and in pursuance of the alleged proceedings dated 20-11-2002 as illegal, void ab initio and for permanent injunction restraining the respondents, their agents, servants, office bearers, employees, nominee or nominees, assignees etc., from interfering with the affairs and management of the first petitioner and other institutions and for other appropriate reliefs. The petitioner moved I.A.No. 561/03 in the said O.P. u/s. 23 of A.P. Societies Registration Act, 2001 r/w Order 39 Rules 1 and 2 of CPC. The learned Chief Judge, City Civil Court, Hyderabad had passed the order on 24-2-2003 and aggrieved by the same the present CMA is preferred by the appellants.

(3.) A preliminary objection regarding the maintainability of the CMA is raised by Sri Venkataraghu Ramulu, learned Counsel for respondents 1 to 3 inasmuch as the learned counsel entered appearance while lodging caveat in the matter. Strong reliance was placed on the decision of the Full Bench of this Court in "G. V. Rangarao v. A.P. State Electricity Board Engineers Association"1.