Andhra Pradesh High Court

CIVIL MISCELLANEOUS 363 of 2023 on 31 December 2024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

honourable dr.justice k.manmadha

RAO

j.A. NOs.2 AND 4 OF 2n9d

IN

Between:

CIVIL MISCELLANEOUS APPEAL NO: 363 OF 2023

Christ Baptist Church, Kakinada,rep. byits President Beera VijayKumar, S/o.Venkata Raoaged 62 years, R/o.D.No.16-28-12, VijayaResidency,DhanarasiRangaraoStreet,Racherlapeta,KakinadaKakinada District.

... Petitioner/Appellant

AND

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1. Dasari Prasad, S/o.Veer Raju, aged 64 years. R/0.D.N0.I-IA-IOMahatma Street, Kondayyapalem, Kakinada, Kakinada District.Mahatma Street, Kondayyapalem, Kakinada, Kakinada District.

2. Dake Veera Venkata Satyanarayana Murthy, S/o.Venkata Reddy, aged Reddy, aged65years.R/0.D.N0.I-IA-23,MahatmaStreet,Kondayyapalem,years.R/0.D.N0.I-IA-23,MahatmaStreet,Kondayyapalem,Kakinada, Kakinada District.

3. DakeSrinivasaRavi KumarS/o.Venkata Reddy,aged57yearsS/o.Venkata Reddy,aged57yearsR/0.D.N0.I-IA-23,MahatmaStreet,KondayyapalemKakinada,MahatmaStreet,KondayyapalemKakinada,Kakinada District.

I.A. N0.2 OF 2024:

Petition filed under Order 47 Rule1 of CPC read with Section 114 ofCPC praying that in the circumstances stated in the affidavit filed in supportof the petition, the High Court may be pleased to Review the Judgmentdated 23-12-2023 passed by this Court in CMA No.363 of 2023.

I.A. N0.4 OF 2024:

Petition filed under Section 151 CPC praying that in[the][ circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to summon the Minutes Book of the General Body Meeting, which isin possession of Secretary of the previous Committee containing election ofthe petitioner and others as Executive Committee Members of the petitionerChrist Baptist Church, Kakinada, pending disposal oftheabovereviewpetition in C.M.A.No.363 of 2023.

Counsel for the Petitioner: Sri D S N V Prasad Babu Counsel for the Respondents: Sri A S C Bose The Court made the following ORDER:

These applications arefiledto review the order dated23.12.2023passed in the C.M.A and to summon the Minutes Book of the General BodyMeeting whichis in possession of Secretary of the previous Committeecontaining electionof the petitioner and others as Executive CommitteeMembers of the petitioner Christ Baptist Church, Kakinada.

2. HeardMr.D.S.N.V.PrasadBabu,learnedcounselforthepetitioner and Mr.A.S.C.Bose, learned counsel for therespondent(s).petitioner and Mr.A.S.C.Bose, learned counsel for therespondent(s).3.Onhearing,learnedcounselfor thepetitionerandlearnedcounsel for the respondent(s) conjointly limited theirrequesttoissueadirection to the trial Court to dispose of S O P No 12of 2022, whichISipending before it.petitionerandlearnedcounsel for the respondent(s) conjointly limited theirrequesttoissueadirection to the trial Court to dispose of S O P No 12of 2022, whichISipending before it.

4. Onhearing the submissionsof boththe learnedcounsels,without going into the merits, the trial Court is directed to dispose of theabove said S.O.P.No.12 of 2022 on the file of IV Additional District Judge,Kakinada, as expeditiously as possible, preferably within a period of six (06)months from the date of receipt of a copy of this order.without going into the merits, the trial Court is directed to dispose of theabove said S.O.P.No.12 of 2022 on the file of IV Additional District Judge,Kakinada, as expeditiously as possible, preferably within a period of six (06)months from the date of receipt of a copy of this order.

5. Accordingly, these applications are ordered.

SD/- M RAMESH BABUDEPUTY REGISTRAR

//TRUE COPY//

S^TiOfKJFFICER

To

J

1. The IV Additional District Judge, Kakinada, East Godavari District.

2. One CC to Sri D.S.N.V.Prasad Babu, Advocate [OPUC]

3. One CC to Sri A.S.C.Bose, Advocate [OPUC]

4. Three CD Copies

BSVsree

HIGH COURT

DATED:31/12/2024

COMMON ORDERlA NOs.2 AND 4 OF 2024 in CMA.No.363 OF 2023

o0 9 JAN 20Z5CollCurrent Section ^

ALLOWING THE lA NOs.2 AND 4 OF 2024

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