S M KANTHA RAJU Vs. TERAPALLI DYVASAHATA KUMAR

JUDGEMENT

(1.) The petitioner herein, who is the 5th respondent in the Court below in a dispute raised under Section 23 of the A.P Societies Registration Act, 2001 (for brievity 'the Act') at the instance of the respondent herein seeks to assail by way of this revision under Article 227 of the Constitution of India, the orders passed in I.A.No.234 of 2004 in O.P.No.13 of 2004, dated 17th January, 2005 on the file of the IV Additional District Judge, Visakhapatnam, rejecting an application filed by him under Section 151 of the Code of Civil Procedure seeking to decide the maintainability of the main petition in O.P.No. 13 of 2004 as a preliminary Issue. Heard Sri M.Chandrasekhar Rao, learned senior counsel appearing on behalf of the petitioner and Sri V.L.N.G.K.Murthy, learned counsel appearing on behalf of the respondent.

(2.) Briefly stated facts are that in the petition filed under Section 23 of the said Act, the respondent herein who claiming to be one of the senior member of the society sought for declaration that the respondents therein, which include the petitioner herein, have no legal right whatsoever to held annual convention and consequently for the relief of permanent injunction restraining them from holding any such convention by themselves and to appoint an advocate commissioner for the purpose of holding an annual convention. In support, the claim of the respondent, inter alia, runs on various grounds made against those respondents. It is not necessary to refer or go into any of those allegations at this juncture.

(3.) Raising an objection as to the very jurisdiction of the Court below in entertaining such petition under Section 23 of the Act on the ground that he himself viz. the petitioner herein has filed a suit in O.S:No.561 of 2002 on the file of the Principal Senior Civil Judge, Kakinada and another suit in O.S.No.18 of 2002 on the file of IV Additional District Judge, Kakinada, concerning the various issues relating to the said society and the same are pending to which the respondent is a party and but remained ex-parte and got filed the present petition at Visakhapatnam.