IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.136 OF 2010 Between: D. Subramanyam and others .....APPELLANTS AND Vaagdevi Educational Society and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.136 OF 2010 JUDGMENT: This Civil Miscellaneous Appeal, under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is directed against the Judgment and Decree, dated 18.01.2010, in I.A.No.708 of 2008 in O.P.No.94 of 2007 on the file of II Additional District Judge, Madanapalle, Chittoor District, whereunder and whereby, the application filed under Order XXXIX Rule 1 and Section 151 C.P.C. to grant temporary injunction restraining the appellants in conducting any general body meeting claiming themselves as members of respondent No.1 society, pending disposal of the O.P., was allowed. 2. Heard both sides. 3. It is brought to the notice of this Court that the evidence of respondent Nos.1 to 10 herein, who are petitioners in the O.P., has been completed in the trial Court, and the Original Petition is coming up for adducing the evidence on behalf of the respondents. The learned counsel for the appellants herein has given an undertaking to this Court that the evidence of the appellants/respondents will be completed in trial Court within four weeks from the date of receipt of a copy of this order i.e., adducing evidence of all the witnesses and producing documents. 4. Therefore, without expressing any opinion with regard to the maintainability of the Civil Miscellaneous Appeal and merits of the case, the Civil Miscellaneous Appeal is disposed of directing the trial Court to give four weeks’ time for respondents to complete their evidence from the date of receipt of a copy of this order, for adducing evidence on behalf of the respondents in the trial Court. However, till the disposal of the O.P., management, managing the affairs of the institution, shall not draw any amounts from the accounts of the institution for any other purpose except for the salaries and maintenance of the institution. If, for any reason, the evidence of the appellants herein has not been completed in the trial Court within the time specified above, the interim direction as stated above with regard to the management withdrawing the amount, shall stand vacated without further reference to the Court. There shall be no order as to costs. _______________ K.C. BHANU, J April 07, 2010 Note: Issue C.C. in two days. B/O.MD