The Kurnool Swarnakara Shoping Complex ... vs S.V.Suresh Achari
2024 Latest Caselaw 6818 AP

Citation : 2024 Latest Caselaw 6818 AP
Judgement Date : 7 August, 2024

Andhra Pradesh High Court - Amravati

The Kurnool Swarnakara Shoping Complex ... vs S.V.Suresh Achari on 7 August, 2024

APHC010075112024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3311]
                          (Special Original Jurisdiction)

            WEDNESDAY, THE SEVENTH DAY OF AUGUST
               TWO THOUSAND AND TWENTY FOUR

                                PRESENT

         THE HONOURABLE MS JUSTICE B S BHANUMATHI

       CIVIL REVISION PETITION Nos. 1293. 1304 & 1320/2024

Between:

The Kurnool Swarnakara Shopping Complex Welfare ...PETITIONER(S)
Society and Others

                                 AND

S V Suresh Achari and Others                   ...RESPONDENT(S)

Counsel for the Petitioner(S):

   Sri. V RAGHU

Counsel for the Respondent(S):

   Sri VARUN BYREDDY



The Court made the following:
                                    2
                                                                          BSB, J
                                            C.R.P.Nos.1293, 1304 & 1320 of 2024


COMMON ORDER:

All these three revisions, under Article 227 of the Constitution

of India, are preferred by the defendants challenging the docket

order, dated 12.05.2023, allowing I.A.Nos.90, 91 & 92 of 2023 in

O.S.No.103 of 2013 on the file of the Court of the Special Judge for

trial of cases under SCs & STs (POA) Act-cum-VI Additional District

Judge, Kurnool.

a. C.R.P.No.1320 of 2024 is filed aggrieved by the order

passed in I.A.No.90 of 2023; C.R.P.No.1293 of 2024 is filed

aggrieved by the order passed in I.A.No.91 of 2023; and

C.R.P.No.1304 of 2024 is filed aggrieved by the order passed in

I.A.No.92 of 2023.

b. I.A.No.90 of 2023 is filed under Order XVIII Rule 17 and

Section 151 CPC to recall PW1, I.A.No.91 of 2023 is filed under

Section 151 CPC to reopen the suit for the purpose of marking the

document; and I.A.No.92 of 2023 is filed Order VII Rule 14 and

Section 151 CPC to grant leave for filing the schedule document by

condoning the delay.

2. Heard the learned counsel for the parties.

3. The facts leading to filing of these revision petitions, in brief,

is as follows:

BSB, J C.R.P.Nos.1293, 1304 & 1320 of 2024

a. The plaintiffs are the members of M/s. Kurnool Pattana

Swarnakara Sangham, Kurnool, which is a society registered under

the Societies Registration Act, on 15.11.1981, formed for the

welfare of its members/goldsmiths. On 08.12.1994, the government

of Andhra Pradesh granted Ac.0.49 cents of land in Sy.No.35/5C-

A10-A2B of Kurnool Town on payment of the market value at the

rate of Rs.1600/- per square yard for construction of shopping

complex by issuing G.O.Ms.No.1233 and in pursuance of the said

G.O., Tahsildar, Kurnool, delivered possession of the site to the

society on 10.11.1995. The society constructed shopping complex

consisting of 197 shops. In the year 2001, some of the members of

society filed representative suit O.S.No.160 of 2001 on the file of

the Court of the Additional Senior Civil Judge, Kurnool, against the

society and it's President for declaration that continuation of the

then office bearers, President and Secretary of the Society as illegal.

In the said suit, I.A.No.439 of 2001 was filed for grant of injunction.

While dismissing the said petition on 31.01.2003, the Additional

Senior Civil Judge, Kurnool, held the election of President, Secretary

and Treasurer conducted on 28.8.2002 as illegal as it was against

the byelaws. On behalf of the 1st defendant, its representatives

signed sale deeds in favour of defendants 2 to 9.

BSB, J C.R.P.Nos.1293, 1304 & 1320 of 2024

b. Since the sale deeds in favour of defendants Nos. 2 to 9 came

into existence effecting the plaint schedule properties, the suit is

filed seeking the following reliefs:

a. For declaration of title of M/s. Kurnool Pattana Swarnakara (society) over plaint schedule property duly nullifying the alienations made by defendants No.2 to 5 in the name of defendant No.1 in favour of defendants No.2 to 9. b. For delivery of possession of item No.1 to 5 and 16 of plaint schedule property to M/s. Kurnool Pattana Swarnakara Sangham, Kurnool;

c. Grant damages of Rs.4,20,000/- in favour of plaintiffs and as against defendant no.1 to 9 for occupying item No.1 to 5 and 16 of plaint schedule property;

d. Consequential injunction restraining the defendants no.1 to 9 from interfering with possession and enjoyment of plaint schedule properties by M/s. Kurnool Pattana Swarnakara Sangham, Kurnool;

e. grant future mesne profits of item no.1 to 5 and 16 of plaint schedule property till they are delivered to M/s. Kurnool Patanaka Swarnakara Sangham, Kurnool."

4. During the course of arguments of the 1st defendant, he

submitted the judgment of apex Court with regard to requirement

of permission of the Court which appointed the receivers, when the

suit is filed against the receivers. As per the said decision,

permission can be obtained at any time before termination of the

suit, which is filed against the receivers. Hence, the 1 st plaintiff filed

BSB, J C.R.P.Nos.1293, 1304 & 1320 of 2024

application seeking permission of the District Judge, Kurnool, who

has appointed the receivers in O.P.No.43 of 2003 and it was

granted in I.A.No.327 of 2023. In the aforesaid backdrop, all these

applications have been filed by the plaintiffs to reopen the suit for

the purpose of adducing further evidence, to recall PW1 and to

grant leave to file the schedule document by condoning the delay.

5. After hearing both parties, the trial Court passed the

impugned docket order, dated 12.05.2023, which reads as follows:

" Heard and perused the record. The petitioners have shown sufficient ground to reopen the suit, to receive the certified copies of petition, affidavit and order, dated 23.03.2023 in I.A.No.327/2023 in O.P.No.43 of 2023 on the file of the Principal District Judge's Court, Kurnool and to recall PW1 for making of the above documents. Moreover, the respondents have reported no counter and no objection to allow the petition.