IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.995 OF 2008 Between: M/s. Nirmala Kale, W/o. P.R.Kale and others ..... PETITIONERS AND Sri K. Manohar Augustine and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.995 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal, Under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908, is directed against the common order, dated 19.08.2008, in I.A.No.2100 of 2008 in O.S.No.332 of 2008 on the file of II Additional Chief Judge, City Civil Court, Hyderabad, whereunder and whereby, a temporary injunction was granted restraining the respondent Nos.3 to 8 herein from interfering with the management, affairs, finances, functioning and properties of the Society of Trustees of Indigenous Churches in India, till the disposal of the suit. The appellants herein are proposed parties who wanted to be impleaded as respondents in I.A.No.2100 of 2008 in O.S.No.332 of 2008. 2. Heard both sides. 3. It is represented that both the plaintiffs in the suit O.S.No.332 of 2008 died and their legal representatives have not been brought on record, leading to dismissal of the suit as abated, and so, nothing survives in this civil miscellaneous appeal. When the suit itself was dismissed as abated question of considering an order in interlocutory application in the suit does not arise. Hence, cause in this appeal does not survive. 4. Accordingly, the Civil Miscellaneous Appeal is dismissed as infructuous, leaving open all the remedies, if any, available to the appellants herein, in future, under law. There shall be no order as to costs. _______________ K.C. BHANU, J March 10, 2010 MD/YVL