C.R. No. 5466 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 5466 of 2009 Date of Decision: September 22, 2009 M.D.S.D. Educational Society (R) and another …..Petitioners Vs. Shri Sanatam Dharam Sabha Trust (Regd.) and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Sudeep Mahajan, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Defendant- petitioner No.1 has been restrained from changing the Constitution of the defendant Society while allowing application of plaintiff- respondent under Order 39 Rules 1 and 2 CPC. The impugned order dated October 25, 2008 is an appealable order. Counsel for the petitioners has tried to explain the reason for not filing of appeal. The said reason may constitute a good ground for seeking the condonation of delay but the circumstances do not warrant to C.R. No. 5466 of 2009 [2] exercise power under Article 227 of the Constitution of India in an appealable order. Petitioners are relegated to the alternative remedy. It is directed that in case the appeal is filed within a period of 15 days alongwith an application for condonation of delay, the application for condonation of delay will be decided within a period of 10 days after the filing of the appeal by giving short notice to the contesting plaintiff-respondent. Disposed of. September 22, 2009 (M.M.S.BEDI) sanjay JUDGE