IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1551 OF 2022 Petition under Article 227 of the Constitution of India aggrieved by the Order dated 28.07.2022 in I.A.No.391/2022 in O.S.No.112/2022 on the file of Court of the XI Additional District Judge, Visakhapatnam. Between: Gaduthuri Ram Gopal, S/o. Ranga Rao, Aged about 45 years, Hindu, Managing Trustees of Kovel Foundation and GPA holder, R/o. HIG-1-A- 190, Door No.4-190, Sagar Nagar, Visakhapatnam, Visakhapatnam District. ...Petitioners/Plaintiffs AND 1. State Bank Of India, Rep.by its Manager, Sagarnagar Branch, Visakhapatnam, Visakhapatnam District. 2. M.Yuganadhar Reddy, S/o Sivarami Reddy, aged 57 years, R/o Door No.9-11-25/9, Sivajipalem, Visakhapatnam. R2 is Impleaded as Respondent No.2 as per Court Order dated 11.01.2024 vide I.A.No.1/2023 in C.R.P.No.1551/2022. ...Respondent/Defendant lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to Suspend the operation of the Order dated.28.07.2022 directing the petitioners to give bank guarantee for operating the schedule bank accounts in point No.3 of the order. Counsel for the Petitioner: SRI. K A NARASIMHAM Counsel for the Respondent No.1: SRI K B RAMANNA DORA Counsel for the Respondent No.2: SRI Y SUBRAHMANYAM The Court made the following: ORDER w APHC010405612022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1551 OF 2022 Between: Gaduthuri Ram Gopal ...PETITIONER AND State Bank Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KANARASIMHAM Counsel for the Respondent(S): 1.YSUBRAHMANYAM 2.KB RAMANNA DORA The Court made the following: if THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CIVIL REVISION PETITION NO: 1551 OF 2022 ORDER: The Civil Revision Petition is filed questioning the Order dated 28.07.2022 in I.A.No.301 of 2022 in O.S.No. 112 of 2022 passed by the XI Additional District Judge, Visakhapatnam in imposing condition, directing the petitioners/ plaintiffs to furnish bank guarantee for operating the bank account. 2. The Petitioner filed a suit, questioning the decision of the Managing Committee to withhold the operation of the Bank Account. The petitioner is a Trustee and the Trustees filed the above suit. Along with the suit, the petitioners filed an interlocutory application to restrain the respondent/ bank from creating hurdles in operating their schedule mentioned bank accounts. The trial court vide order dated 28.07.2022, allowed the application, but however imposed a condition that the petitioners have to furnish bank guarantee. Questioning the said condition, the present C.R.P is filed. 3. Heard Sri K.Sai Ram Murthy, learned counsel for the petitioners and / Sri K.B.Ramanna Dora and Sri Y. Subhramanyam, learned counsel for the respondents. 4. The trial court having found prima facie case and balance of convenience in favour of plaintiff, should not have imposed a condition to give bank guarantee without specifying quantum and to whom it should be given. Though Sri Y. Subrahmanyam, learned counsel for the impleaded respondent w by name Sri M. Yugandhar Reddy raised various contentions on merits of the claims of petitioners/ plaintiffs, this Court in this C.R.P would not be able to answer the same as those issues are urged for the first time before this Court. In the opinion of this Court, it would be appropriate for the impleaded respondent Sri M. Yugandhar Reddy to raise as these issues before the trial court. Secondly, it would not be proper for this Court to go into those contentions urged by Sri Y. Subrahmanayam learned counsel in this C.R.P filed by the petitioner/ plaintiff. 5. Therefore, leaving it open to the implead respondent, Sri M. Yugandhar Reddy to raise all issues on merits in the trial court, the C.R.P is allowed and the condition to provide bank guarantee stands deleted from the impugned order. 6. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The XI Additional District Judge, Visakhapatnam.(with records if any) 2. One CC to Sri. K A Narasimham, Advocate [OPUC] 3. One CC to SRI. K B Ramanna Dora, Advocate [OPUC] 4. One CC to Sri. Y Subrahmanyam, Advocate [OPUC] 5. The Section Officer, V.R Section, High Court of Andhra Pradesh. 6. Three CD Copies vna HIGH COURT DATED:31/01/2025 ORDER CRP.No.1551 of 2022 ALLOWING THE CIVIL REVISION PETITOIN