HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.3463 OF 2024

ORDER:

This Revision Petition is directed against order dated

10.09.2024 in I.A.No.461 of 2021 in OS.No.8 of 2021 passed by the XX Junior Civil Judge, City Civil Court, Hyderabad.

2. Heard Sri Vadeendra Joshi, learned counsel for revision petitioner, and M/s Philix Law Firm, appearing for respondent No.4.

3. The petitioner is defendant No.1, respondent Nos.1 to 4 are plaintiff Nos.1 to 4 and respondent Nos.5 to 11 are defendant Nos.2 to 8, respectively, in the suit. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.

4. The facts of the case in brief, required for adjudication of the present Revision Petition, are that plaintiffs filed the suit for the following reliefs:-

(a) declaring that Defendants 1 to 7 were/are not members of 2nd Plaintiff Society and that all the resolutions and consequential actions and transactions taken by the Defendants 1 to 7 or her men or agents in the name of the 2nd Plaintiff Society, without any authority as illegal, null and void ab initio and as such, are not binding on the 1st Plaintiff Society and its members.

(b)declaring that the VIKAS SOCIETY Regd.No.

908/1983 was wound up by the special resolution of its General Body dated 09.03.2002 and its assets, liabilities, books of accounts etc., along with the members were transferred to VIKAS NAGAR SOCIETY WELFARE Regd. No.2098/2001 and consequently direct the Registrar of Societies, Red Hills, Hyderabad to take the same on record.

(c) declaring that the 1st Special General Body meeting of VIKAS SOCIETY Regd.No.908/1983, dated 12.11.2017 and the 2 Special General Body meeting of VIKAS SOCIETY, Reg. No. 908/1963, dated 09.12.2017 are illegal, invalid, non-est in the eye of law and consequently, direct the Registrar of Societies, Red Hills, Hyderabad to delete the said resolution from record.

(d) granting perpetual injunction restraining the Defendants 1 to 7 or their men or agents herein from interfering and meddling in any manner with the affairs of the Plaintiff No.1 Society in the name of the Plaintiff No.2 Society which was wound up on 09.03.2002."

5. Defendant No.1 filed an application under Order VII Rule 11 CPC to reject the plaint as barred by law in view of Section 23 of the Telangana Societies Registration Act, 2001 (hereinafter referred to as 'Act, 2001'). In the said application, defendant No.1 averred that the suit pertains to business and disputes between two societies, viz., Vikas Nagar Welfare Society and Village Improvement for Kids and Adults Society (Vikas Society); that as per Section 23 of the Act, 2001, in case of any dispute between the members of the society and also the management or affairs of society, the same should be adjudicated by Principal District Judge having original jurisdiction and as such, suit is barred under Sections 9 and 12 of CPC and consequently, the plaint is liable to be rejected.

6. The plaintiffs filed counter and principally contended that when the suit was filed, the Office of the trial Court took a objection with regard to maintainability of suit, for which the plaintiffs have given clarification that defendant Nos.1 to 7 are not members of plaintiffs' society and that they are claiming to be members of society and office bearers of society; that defendant Nos.1 to 7 submitted false death certificates of original office bearers of the society and fabricated and forged the records of the Executive Body of the society were submitted in the year 2017. It was further averred that the reliefs claimed in the suit are for declaration that defendant Nos.1 to 7 are not members of plaintiff No.2 society and that all the resolutions and consequential actions and transactions taken by defendant Nos.1 to 7 acting on behalf of plaintiff No.2 society are null and void and for other such declarations, therefore, the suit is maintainable. It was further averred that Section 23 of the Act, 2001, mandates