( 1 ) THIS civil miscellaneous appeal is directed against the order dated 15. 05. 2007 passed in. A. No. 1353 of 2007 in O. S. No. 2218 of 2005 on the file of II additional Chief Judge, City Civil Court, Hyderabad, whereby and where under the learned Additional Chief Judge allowed the petition filed by the defendants 2 and 4 (viz. , P. Showri Raja and P. Roja Rani) under Order 40, Rule 1 C. P. C. and appointed Sri Rama Sharma Susarla as receiver to take possession of the properties of M/s. Anupama Homes Private Limited, preserve them till the disposal of the suit and allow the conduct of the company affairs in accordance with the arrangements made in C. R. P. Nos. 5768, 5792 and 6756 of 2003 as reiterated in c. R. P. No. 1481 of 2005.

( 2 ) THE appellant is the plaintiff and the respondents 1 to 4 herein are the defendants 1 to 4 in O. S. No. 2218 of 2005 on the file of II Additional Chief judge, City Civil Court, Hyderabad. Originally, the suit was filed on the file of the Junior Civil Judge, West and South, Ranga Reddy District, as O. S. No. 194 of 2003. The said suit came to be transferred from the file of the Principal junior Civil Judge, West and South, Ranga Reddy District, to the file of I additional Senior Civil Judge, City Civil Courts, Hyderabad, to be tried along with O. S. No. 693 of 2003 as per the Order dated 03. 08. 2005 passed in c. R. P. No. 1481 of 2005, and renumbered as O. S. No. 2218 of 2005.

( 3 ) THE plaintiff is a company incorporated under the Companies Act, 1956. It is engaged in the real estate business. The plaintiff represented by its managing Director-P. Jaya Prasad Raja filed the suit-OS. No. 2218 of 2005 (old o. S. No. 194 of 2003) for perpetual injunction against the defendants restraining them, their henchmen and agents etc. from interfering with its peaceful possession and enjoyment of the properties, more fully described in the suit schedules A to C. A-Schedule property admeasuring Ac. 5. 35 guntas comprising survey Nos. 455/p, 456, 460/1 and 2, situated at Poppalguda village, rajendranagar Mandal, Ranga Reddy District; B-schedule property admeasuring ac. 3. 15 guntas comprising Survey No. 91 Part, situated at Nanakramguda village, seri Lingampally Mandal, Ranga Reddy District; and C-schedule property admeasuring Ac. 9. 09 guntas comprising Survey Nos. 116, 118, 119, 120, 129 P of manikonda Jagir village and Survey Nos. 5, 6, 7 and 8 of Pokalwada village, rajendranagar Mandal, Ranga Reddy District. It is averred in the plaint that the defendants resigned from the Board of Directors of the plaintiff company on 08. 02. 2003 and thereby the defendants ceasedto be the members of the Board of directors of the plaintiff-company with effect from 08. 02. 2003. The plaintiff filed. A. No. 452 of 2003 seeking for temporary injunction. The said. A. came to be dismissed on 04. 04. 2003. The plaintiff assailed the order dated 04. 04. 2003 passed in. A. No. 452 of 2003 by filing an appeal being C. M. A. No. 98 of 2003 on the file of V Additional District Judge, Ranga Reddy district. The said appeal came to be dismissed on 07. 02. 2005. The plaintiff assailed the judgment passed in C. M. A. No. 98 of 2003 by filing CRP NO. 1481 of 2005 under Article 227 of the Constitution of India. The said C. R. P. came to be disposed of on 03. 08. 2005 with certain directions. The operative portion of the said order reads as under:

"inasmuch as the controversy in this CRP also is in relation to the management and administration of the assets of the petitioner company, this Court is of the view that the same arrangement needs to be ensured. Further, to avoid confliciting judgments, both the suits need to be heard by the same. The parties agree for transfer of OS No. 194 of 2003. Once the suit is transferred, the arrangement that was ordered in the earlier CRP would hold good for the purpose of both the suits. Hence, the CRP is disposed of directing that: a) The O. S. No. 194 of 2003, on the file of Principal Junior Civ

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