( 1 ) THE miscellaneous application filed by the respondent in the Civil Miscellaneous appeal is listed for hearing. Learned counsel for the appellants and the learned counsel for the respondent requested this Court to dispose of the main appeal itself finally and hence, arguments were heard. The matter was taken up for final disposal.

( 2 ) THE State of Andhra Pradesh represented by the District Collector, krishna and the Principal, Government mahila Polytechnic College, Nandigama are the appellants. They filed this appeal under order XLIII Rule 1 of the Code of Civil procedure, 1908 impugning the Order dated 27-6-2002 in I. A. No. 223 of 2002 in O. S. No. 30 of 2002 on the file of the Court of senior Civil Judge, Nandigama. By the impugned Order, the appellants herein, their men and agents have been restrained from interfering with Item-Ill of plaint schedule property including making any constructions thereon.

( 3 ) THE respondent-Desodharaka kasinadhuni Nageswar Rao Thota, a Trust represented by its present President Sri vasanta Nageswara Rao filed a suit alleging that in the year 1942 Sri Iyyadevara kaleswararao, a native of Nandigama, created a Trust and gifted an extent of acs. 4. 00 in Sy. No. 545 of Nandigama naming the Trust as Desodharaka kasinadhuni Nageswara Rao Thota. The trust deed dated 2-4-1942 was registered. The settlor also nominated five persons as trustees duly indicating the method and manner of appointing trustees in future within three months from the date of falling of vacancy, failing which, the President of the Andhra State Congress Committee can appoint any Congressman as a Trustee. The income out of the trust property is to be used for the activities of Nandigama Taluk congress Committee and West Krishna congress Committee, for Khadi and Cottage industries, welfare of Harijans, development of Telugu Literature, adult literacy, social cooperation and also for other constructive activities for the welfare of the society. It was alleged that on 12-3-1993 defendant No. 5 marreddi Rama Reddy and Kasthala Uma maheswarao Rao (not a party to the suit) executed a registered gift deed in respect of an extent of Acs. 0. 15 out of the trust property in favour of the Superintendent of police, Krishna District, Machilipatnam - second defendant in the suit - which is against trust deed. Defendants 6 and 7, namely Turlapati Mahabaleswarao Rao and turlapati Venkata Sasikaladhara Rao respectively, executed a registered gift deed dated 27-9-2001 donating an extent of acs. 0. 50 to the Government of Andhra pradesh. The two properties, which were gifted in the years 1993 and 2001, were shown as items II and III of the plaint schedule property. It was alleged that defendants 5 to 7 acted without any authority or right to donate the property contrary to the objects of the trust. It was also alleged that the appellants/defendants 3 and 4 are commencing construction work in Item III of the plaint schedule property and if the construction is permitted, it will lead to several consequences and multiplicity of proceedings. Therefore, they have sought for a declaration that the gift deed executed on 12-3-1993 by the fifth defendant and the gift deed dated 27-9-2001 executed by defendants 6 and 7 are not binding on the plaintiff-Trust and for recovery of possession of Items II and III of the plaint schedule property by evicting defendants 1 to 4 therefrom. Along with the suit an application under Order XXXIX rules 1 and 2 of the Code of Civil Procedure, 1908 was filed praying for ad interim injunction restraining defendants 3 and 4 from making any further constructions.

( 4 ) THE suit was filed initially on the file of the Vacation Judge, Krishna District as o. S. NO. 11 of 2002. In I. A. No. 32 of 2002 the learned Vacation Judge ordered status quo on 13-5-2002. Later, the matter was transferred to the Court of Senior Civil judge, Nandigama. The suit was renumbered as O. S. NO. 30 of 2002 and the I. A. was re-n