CMA/573/2025 of VELAGA SAROJINI Vs M/s.Sri Dhana Lakshmi Mutually Aided Co-operative Society Ltd., on 18 August 2026

APHC010331162025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

WEDNESDAY, THE 19th DAY OF AUGUST 2026

PRESENT

Between:

1. VELAGA SAROJINI, W/o Rajeswara rao, Age 60 years, R/o Flat No.302, Amulya Enclave, Opp. Ramakrishna Mission, R.K. Beach, Visakhapatnam

2. . Mr.Velaga Rajeswara rao, S/o V.V.S.N. Murthy, age 64 years, R/o Flat No.302, Amulya Enclave Opp. Ramakrishna Mission, R.K. Beach, Visakhapatnam

...Petitioners

AND

1. M/s Sri Dhana Lakshmi Mutually Aided Cooperative Society Ltd, R/o its Chief Executive Officer and General Manager, having its office at D.No.27-4- 19, First Floor, Temple Street, Kakinada - 533 001. East Godavari District

...Respondent

Appeal Under Section_____against orderspleased to call for the records pertaining to the Order and decree made in O.P. No.63 of 2022 on the file of the A.P. Co-operative Tribunal, Vijayawada and the Chairman and District Judge, dated 07.05.2025 and setting aside the same by allowing the Appeal in the interest of justice and pass IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay of all further proceedings, pursuant to the order and decree made in O.P.No.63 of 2022 on the file of the Hon'ble A.P. Co-operative Tribunal,Vijayawada in the interest of justice.

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased it is therefore prayed that this Hon'ble Court may be pleased to suspend the order made by the A.P. Co-operative Tribunal, Hyderabad in O.P. No.63 of 2022 dated 07.05.2025 including petition for final decree proceedings No.99

of 2026 filed on 04.03.2026 in the interest of justice Counsel for the Petitioners: KURITI BHASKARA RAO

Counsel for the Respondent N SIVA REDDY

The Court made the following order:

JUDGMENT: (Per Hon’ble Sri Justice D.Ramesh)

The present Civil Miscellaneous Appeal is filed aggrieved by the order dated 07.5.2025 passed in O.P.No.63 of 2022 by the Andhra Pradesh Co- operative Tribunal, Vijayawada.

2.

After arguing the matter at some length, learned counsel for the respondent raised an objection as to the maintainability of the present Civil Miscellaneous Appeal. It is contended that, if the jurisdiction of the Tribunal has to be questioned, the appropriate remedy would be to invoke the jurisdiction of this Court under Article 226 of the Constitution of India and not by filing an appeal under Section 33(3) of the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995.

3.

In view of the aforesaid objection, learned counsel for the appellants sought permission of this Court to withdraw the present Civil Miscellaneous Appeal, with liberty to the appellants to avail the appropriate remedy in accordance with law.

4.

Having regard to the submissions made by learned counsel on either side and upon perusal of the order dated 31.12.2021 passed by the Division Bench of the High Court for the State of Telangana at Hyderabad, as relied upon by both sides, and the judgment of the Constitution Bench of the Hon'ble Supreme Court in Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Limited, reported in (2020) 9 SCC 215, the request of the learned counsel for the appellants is accepted.

4.

Accordingly, the Civil Miscellaneous Appeal is dismissed as withdrawn, with liberty to the appellants to avail the appropriate remedy in accordance with law. There shall be no order as to costs.

As a sequel, all miscellaneous applications, if any, pending in this appeal shall stand closed.

____________

D.RAMESH, J

____________________________

A. HARI HARANADHA SARMA, J

Dated : 19.8.2026

TJN

81

Dated: 19.8.2026

TJN

HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

CIVIL MISCELLANEOUS APPEAL NO: 573 OF 2025

PROCEEDING SHEET

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NO.

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