M.SATYANARAYANA MURTHY
Patnayakuni Kodandaram – Appellant
Versus
Kolati Dhanalakshmi – Respondent
ORDER :
M. Satyanarayana Murthy, J.
1. The civil revision petition is filed under Article 227 of the Constitution of India, challenging the order dated 18.03.2014 passed in I.A. No. 310 of 2012 in O.S. No. 252 of 2012 by the III Additional Senior Civil Judge, Kakinada, whereby the petition filed under Order I Rule 8 of Code of Civil Procedure (for short "C.P.C.") to sue in representative capacity i.e. representing General Body of Creditors against the respondents, was dismissed.
2. The petitioner filed suit O.S. No. 252 of 2012 to declare the alienations made by respondent No. 1 in favour of respondent Nos. 2 and 3 by registered sale deed dated 12.05.2011 is void and not binding on the plaintiff as well as other creditors of respondent No. 1 as it is fictitious, nominal, sham and devoid of lawful consideration. In the alternative, to declare that the alienations made by respondent No. 1 in favour of respondent Nos. 2 and 3, described in the schedule attached to the plaint are not binding on the plaintiff and other creditors of respondent No. 1 as it is made with an intent to defeat the lawful creditors of respondent No. 1 including the petitioner/plaintiff.
3. The petitioner/plaintiff
Narayani Kamalakshi v. Kunchiyan Bahulayan : AIR 1972 Ker 269
Nakuleswar Paul v. State of Tripura : AIR 2005 Gau 54
Vannarakkal Kallalathil Sreedharan. V. Chandramaath Balakrishnan : 1990 (3) SCC 291
Ganesh Mal v. Meghraj : AIR 1967 Raj 283
Laila v. Soosamma Chacko : 2017 (2) KLJ 706
C. Abdul Shukoor Saheb v Arji Papa Rao : AIR 1963 SC 1150
Shantilal Bardichand Mahajan vs. Champalal Radhaji : AIR 1962 MP 363
Velama v R. Shenoy : AIR 1963 Ker 356
Meenakshi v Ammini : AIR 1927 Mad 657
Bhaskara Chalamiah v The Body of Creditors of Piler Khasim Saheb : AIR 1965 AP 68
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