THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION Nos.495 OF 2008 AND 585 OF 2008 COMMON ORDER: C.R.P.No.495 OF 2008: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the docket order, dated 22.01.2008, in I.A.No.128 of 2008 in O.S.No.3 of 2008, on the file of I Additional District Judge, Anantapur, whereunder and whereby, the petition filed to grant leave to file the suit on behalf of the public for the vindication of public rights as per the provisions under Section 92 of the Code of Civil Procedure, 1908 (for short, “C.P.C.”), was ordered. 2. Heard. 3. Under Section 92 C.P.C. in case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate- General, two or more persons having an interest in the trust and having obtained the leave of the Court may institute a suit. 4. Admittedly, the suit is filed by respondent No.1 in his individual capacity. Learned counsel for respondent No.1 contended that a petition to implead some interested parties is also pending in the suit and the same has not been taken up in view of the stay granted by this Court in this revision petition. It is contended by the learned counsel for the petitioner that another seven advocates filed a suit on the next day of filing of the present suit and leave was not granted because the issue relating to the dispute is pending. This Court by order, dated 22.02.2011, in C.R.P.No.5725 of 2009 dismissed the said revision giving liberty to the petitioners therein to file an application to implead themselves as parties to the present suit in question. Therefore, the impugned order is liable to be set aside. 5. Accordingly, the Civil Revision Petition is allowed setting aside the impugned docket order, dated 22.01.2008, in I.A.No.128 of 2008 in O.S.No.3 of 2008, on the file of I Additional District Judge, Anantapur. The trial Court is directed to consider in accordance with law the application filed under Order I Rule 10 C.P.C. to implead the parties in the suit and thereafter, consider it for grant of leave to prosecute the suit. There shall be no order as to costs. C.R.P.No.585 OF 2008: 6. This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 06.02.2008, in I.A.No.14 of 2008 in O.S.No.3 of 2008, on the file of I Additional District Judge, Anantapur, whereunder and whereby, the petition, filed under Order XXVI Rule 9 C.P.C., to appoint an Advocate Commissioner for Inspection of the petition schedule property and to note down the structures and physical features, was allowed. 7. Heard. 8. In view of the fact that the Commissioner has already executed the warrant and filed a report, no further orders are required to be passed in this revision petition. 9. Accordingly, the Civil Revision Petition is dismissed as infructuous. There shall be no order as to costs. _______________ K.C. BHANU, J March 07, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION Nos.495 OF 2008 AND 585 OF 2008 C.R.P.No.495 of 2008: Between: B. Peddappa Reddy .....PETITIONER AND J. Narayanaswamy and others ....RESPONDENTS C.R.P.No.585 of 2008: Between: B. Peddappa Reddy .....PETITIONER AND J. Narayanaswamy and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION Nos.495 OF 2008 AND 585 OF 2008 March 07, 2011