The petitioner herein, who is the 5th respondent in the Court below in dispute raised under Section 23 of the A. P. Societies Registration Act, 2001 (for brevity 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.

2. 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.

3. 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 members of the society sought for declaration that the respondents therein, which include the petitioner herein, have no legal right whatsoever to hold annual convention and consequently for the relief of permanent injunction re