THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.79 of 2008 Date of Order: 20-12-2010 Between: 1. G.Anjamma and another ..Petitioners and 1.K.Subba Rao and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.79 of 2008 Oral order: This revision under Article 227 of the Constitution is to revise the order of the District Judge, Krishna at Machilipatnam made in I.A.No.335 of 2007 in C.M.A.No.5 of 2006, dated 25-09-2007 filed by the petitioners, who are respondents 1 and 2 in I.A., for issuing a cheque deposited by the 1st respondent/appellant to the credit of CMA in favour of G.S.Ramanuja Rao recognized agent of respondents 1 & 2/ petitioners herein. The lower court dismissed the I.A. stating that petition is filed under Rule 233 of Civil Rules of Practice and cause title is not correctly given to the petition and only cause title of CMA is given. As per Rule 32 of Civil Rules of Practice when a party appearing by agent, it is incumbent for the agent to file the written authority along with the affidavit and only after Court accords permission recognizing him as agent, the further proceedings shall be accepted. As the said Rule has not been complied with, the lower court rightly dismissed the I.A. The lower court has not passed any interim order and CMA itself is pending and there is no representation on behalf of the 1st respondent/appellant to know the present stage of appeal. Therefore, ends of justice would be met if a direction is given to the lower court to dispose of CMA, if not already disposed of. Accordingly, the District Judge, Krishna at Machilipatnam is directed to dispose of the CMA on merits and pass appropriate orders for payment of the amount deposited to the credit of appeal in favour of G.S.Ramanuja Rao, who is no other than the recognized agent for the petitioners herein, within a period of three months from the date of receipt of a copy of this order, if not already disposed of. The Civil Revision Petition is accordingly disposed of. No costs. ________________ A.GOPAL REDDY, J. 20-12-2010 Murthy