HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.4746 of 2010 ORDER: The petitioners herein are respondents 1 and 3 in O.P.No.1852 of 2010 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, wherein a substantial relief in respect of the affairs of the society was sought for by the first respondent herein. At the stage of numbering the said O.P., i.e., at the threshold itself, the first petitioner herein moved an application in I.A.No.3661 of 2010 seeking to appoint an Advocate-Commissioner/Receiver to conduct the day-to-day affairs of the respondent No.1- scoiety by taking into custody all the records pertaining to the society. The Court below allowed the same by its order, dated 29.09.2010, and appointed one Sri Y.S.Shastri as Advocate-Commissioner. Challenging the same, the present Civil Revision Petition is filed. Learned counsel for the petitioners submitted that the impugned order has been passed by the Court below without ordering notice to the petitioners herein, who are the respondents in the said I.A., or to the other respondents and hence, prayed this Court to set aside the impugned order. Having heard the learned counsel appearing for the petitioners and on perusal of the relevant material on record, it is seen that admittedly, neither the petitioners herein nor the other respondents in the said O.P. were given any notice nor any opportunity was given to them to contest or to have a say at least with regard to the relief sought for. Especially, if it pertains to the affairs of an institution, necessarily both the parties to the lis have to be heard before taking the recourse of extreme step of appointing an Advocate-Commissioner or otherwise. In view of the same, it is desirable that the matter shall be decided only after hearing both the parties after giving them due notice. For the foregoing reasons, the Civil Revision Petition is allowed and the impugned order is set aside, and the matter is remitted to the Court below for fresh disposal in accordance with law, after giving notice and opportunity to both the parties. There shall be no order as to costs. ________________________ JUSTICE B.PRAKASH RAO 07th April 2011 DR