ORDER

This Civil Revision Petition is filed aggrieved by the order, dated 17.11.2023, passed in I.A.No.93 of 2023 in O.S.No.4 of 2022 by the learned Senior Civil Judge, Nizamabad.

2. O.S.No.4 of 2022 is filed by respondents No.1 and 2/plaintiffs for possession and perpetual injunction against the petitioners/defendants. During the pendency of the Suit, the petitioners herein filed I.A.No.93 of 2023 for rejection of the plaint. The trial Court dismissed the application. Aggrieved by the order of the trial Court, the petitioners herein filed the present Civil Revision Petition.

3. Heard both sides. Perused the record.

4. Learned counsel for petitioners contended that the documents referred in the plaint does not disclose any new cause of action or identity of total land Ac.4.22 guntas purchased by any registered sale deeds in their name nor paid single paisa as sale consideration from their accounts and the respondents No.1 and 2/plaintiffs are not in possession of the said land from 07.08.1992 to till date. The rejection of the plaint filed in O.S.No.5 of 2015 was allowed but the plaint in O.S.No.4 of 2022 was cleverly drafted inspite of no cause of action. The conduct of respondents No.1 and 2/plaintiffs in brining a vexations Suit is abuse of process of law. He further contended that the Suit is hit by Resjudicata and also principle of Estoppel. Therefore, requested the Court to set aside the order of the trial Court.

5. A perusal of the record shows that O.S.No.4 of 2022 is filed by Sri Nuthana Vyshya Patashala and Chitimilla Hari Prasad Vyshya Junior College Committee, registered as Sri Nuthana Vyshya Patashala Committee under the provisions of the Hyderabad Public Societies Registration Act, 1350 Fasli with registration No.34 of 1958-59 represented by its President and General Secretary/respondent No.1 and Arya Vyshya Sangham, Nizamabad, a society registered under the provisions of A.P. (Telangana Area) Public Societies Registration Act, with registration No.633 of 1977, represented by its president and General Secretary/respondent No.2 against the petitioners herein and respondents No.3 and 4. The suit is filed for possession and mandatory and perpetual injunction.

Respondent No.2/plaintiff No.2 was established on 05.08.1944 and respondent No.2 established a Committee christened as Sri Nuthana Vyshya Patashala Committee on 04.12.1944.

Respondent No.2 at a general body meeting held o 16.06.1957 adopted the bye laws of Sri Nuthana Vyshya Patashala Committee and got it registered as a Society on 13.07.198 with registration No.34 of 1958-1959 under the provisions of Hyderabad Societies Registration Act, 1350 Fasli.

6. Initially, Upper Middle School was established and later intended to upgrade it as High School. When an appeal was made for the donors Mr.Gajawada Pandarinath Gupta, S/o.Manikyam Gupta donated land to an extent of 2400 square yards through a Gift Deed dated 21.05.1959, registered as document No.580 of 1959. Sri Nuthana Vyshya Patashala Committee purchased 800 square yards from Mr. Gajawada Pandarinath Gupta and he sold the land at a nominal price of Rs.1500/-. On 10.03.1991, Sri Nuthana Vyshya Patashala Committee (hereinafter referred as SNVP Committee) decided to establish either a junior college or a college for vocational courses from the academic year 1991-92 onwards and a committee was formed and another sub-committee for donations was also formed. It was decided that the President and Secretary of SNVP Committee shall compulsorily be the members of the sub-committees. The SNVP Committee resolved to commence the junior college from the academic year 1991-92 onwards and further resolved to submit the necessary papers and documents to the Board of Intermediate Education and complete other formalities. On 12.05.1991, a meeting was held and announced that the class rooms of the junior college to be cons