THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1491 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 09.03.2010, in I.A.No.3389 of 2009 in A.S.No.107 of 2009, on the file of I Additional Chief Judge, City Civil Court, Secunderabad, whereunder and whereby, the petition, under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, filed by the petitioner/plaintiff to grant interim injunction restraining respondent No.1/defendant No.1 from interfering with the use of the facilities of respondent No.1 club by the petitioner and his family as mess members, was dismissed. 2. O.S.No.124 of 2007 on the file of III Senior Civil Judge, City Civil Court, Hyderabad, was filed by the petitioner/plaintiff to declare him as a permanent member of respondent No.1 /defendant No.1 club; that the termination of mess-membership of the petitioner is illegal and for perpetual injunction. On 25.06.2009, the trial Court, while dismissing the Original Suit, directed respondent No.1 to permit the petitioner to use the facilities of Mess-membership for a period of six months from the date of that judgment within which respondent No.5 /defendant No.5 should take final decision about the cancellation of Mess-membership of the petitioner. Aggrieved by the same, the petitioner preferred A.S.No.107 of 2009 on the file of I Additional Chief Judge, City Civil Court, Secunderabad, and filed the present application to grant interim injunction pending disposal of the Appeal Suit. That petition was dismissed. 3. Learned counsel for the petitioner contended that there was an interim injunction passed by the trial Court, which will be in subsistence till the final orders are passed by respondent No.5 after hearing the objections of the petitioner and therefore, the same interim injunction may be continued till the disposal of the appeal. 4. None appears for the respondents. 5. While disposing the Original Suit, a specific direction was given by the trial Court to respondent No.5 to take necessary steps within six months for cancellation of the Mess-membership of the petitioner. So, even after the disposal of the Original suit, the petitioner is enjoying the benefits from the club. Therefore, the same benefits can be continued to the petitioner during the pendency of the Appeal Suit also. Hence, the impugned order is liable to be set aside and there shall be an interim direction as prayed for by the petitioner in the present application. 6. Accordingly, the Civil Revision Petition is allowed setting aside the order dated 09.03.2010, in I.A.No.3389 of 2009 in A.S.No.107 of 2009, on the file of I Additional Chief Judge, City Civil Court, Secunderabad. The Appellate Court shall dispose of the Appeal Suit as early as possible. There shall be no order as to costs. _______________ K.C. BHANU, J September 27, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1491 OF 2010 Between: Capt. D.K. Giri .....PETITIONER AND Secunderabad Club and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1491 OF 2010 September 27, 2010