THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.3432 of 2010 ORDER: Heard the learned counsel for the petitioners - society and the learned counsel appearing for the respondents. This Civil Revision Petition under Article 227 of the Constitution of India is filed by the respondents in O.P.No.621 of 2010 on the file of the Principal District Judge, Warangal, aggrieved by the order, dated 30.07.2010, passed in I.A.No.1049 of 2010. The respondents herein filed O.P.No.621 of 2010 under Section 23 of the Public Societies (Telangana Area) Registration Act seeking relief to conduct elections to the Managing Committee of Centenary Baptist Church, Warangal, which is a society registered under the Societies Registration Act, and also other reliefs. They also filed I.A.No.1049 of 2010 in the said O.P., seeking to appoint an Advocate Commissioner to hold elections. The Court below by the impugned order, allowed the said I.A. It is the case of the petitioners - society that the impugned order was passed without giving any opportunity to it as the relief sought in the aforesaid I.A. is in the nature of final relief in the O.P. Though there was a caveat from the petitioners - society, from a perusal of the impugned order, it is very clear that the order impugned was passed without giving any opportunity to the petitioners - society to file counter. More so, in view of nature of relief sought in the I.A. is akin to the final relief in the O.P., the Court below ought not to have passed the impugned order without giving any opportunity of filing counter and hearing the learned counsel for the petitioners - society. On the aforesaid ground, the impugned order is liable to be set aside. Accordingly, the order, dated 30.07.2010, passed in I.A.No.1049 of 2010 in O.P.No.621 of 2010 is hereby set aside. The matter is remitted back to the Court below for fresh consideration. However, it is open to the petitioners - society to file counter-affidavit therein within a period of four (4) weeks from today. After filing counter, the Court below is directed to hear both sides and pass appropriate orders in the matter. The Civil Revision Petition is allowed with the directions as indicated above. No order as to costs. ______________________ R.SUBHASH REDDY, J 19th OCTOBER, 2010. kvni