S. DASARATHA RAMA REDDY, J.

( 1 ) THE appellant, who is the defendant in O. S. No. 293 of 1992 on the file of principal Subordinate Judge, Guntur, preferred this appeal against order of injunction in I. A. No. 1457 of 1992 dated 15th September, 1992, restraining him from making further construction in the plaint a schedule property till the disposal of the suit. The suit was filed by N. Nageswara Rao and V. Umamaheswara Rao, residents of Medikonduru in a representative capacity under Section 92 of Civil Procedure Code against the appellant, Akkaiah choultry and two others for declaration that A- Schedule property consisting of Choultry situated on 250 Square yards of site at Medikonduru village is a charitable trust bearing the name of Akkaiah Choultry and also for direction to the appellant, who is the de facto trustee, to render account of the income of the trust from B-Schedule property consisting of 10 acres 75 cents situated in medikonduru village and to remove the appellant from the management and appoint proper persons by framing a scheme. According to the plaint, the said choultry was constructed by one Akkaiah for the purpose of providing shelter to the travellers and al

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