V N N PANICKER Vs. NARAYAN PATI

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the order dated 9.9.2005 passed by the learned Single Judge in FAO No. 298 of 2005.

(2.) DIPIKA English Medium School Society, a society registered under the Societies Registration Act being represented through its Principal Secretary has filed Civil Suit No. 131 of 2005 which is pending before the learned Civil Judge (Sr. Division), Rourkela. It appears from the prayer made in the plaint that the plaintiff has claimed for a declaratory decree declaring that the defendants 1 to 10 are not entitled to interfere in the management and administration of the plaintiff's school and further declaring that the constitution of the Managing Committee of the said school amongst defendants 1 to 10 on 25.7.2005 is illegal and unlawful and not binding on the plaintiff. A consequential relief in the form of permanent injunction restraining the defendants 1 to 10 from interfering with the management and administration of the school and from dealing with the Bank Accounts as per the schedule given in the plaint and from forcibly evicting the plaintiff from the school premises has also been sought for.

(3.) BEING aggrieved by the said interim order of injunction, the defendant No. 1 preferred FAO No. 298 of 2005 before this Court. The said appeal has been disposed of by the learned Single Judge by his order dated 9.9.2005 with the following directions and observations: