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2009 Supreme(AP) 282

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE P.S. NARAYANA
Mutyala Sri Ranga Rama Srinivas, Secretary-cum-Correspondent, Sri Krishnavani Educational Society, Tanuku
Versus
Boppana Krishna Chowdary
Civil Revision Petition No.5530 & 5537 of 2008
Decided on : 18-04-2009

Advocates appeared:
For the Petitioner:A.V. Sesha Sai, Advocate.
For the Respondent:C. Raghu, Advocate.

Headnote:

A.P. Societies Act 1997 - Applications were taken up for hearing counsel representing the parties made submissions at length in both civil revision petitions and also further made a request for final disposal of the civil revision petitions themselves - Hence, these civil revision petitions are being disposed of finally by this Court - Civil revision petitions had taken this Court through the common order made by learned Principal District Judge, West District and would maintain that learned Judge totally erred in granting temporary injunction in favour of the respondent and negativing temporary injunction prayed for in favour of the petitioner in the respective O.Ps - Counsel also pointed out to the documents relied upon by the parties and further pointed out to Rule 5 (c) of Rules governing the society and would maintain that the respondent submitted a false return to the District Registrar on 28.5.2008 regarding change of name of Secretary-cum-Correspondent of the society by forging the signatures - Counsel also would maintain that by virtue of the order made, revision petitioner is not permitted to enter the premises at all and virtually he is being restrained even from acting as president - Learned counsel also had taken this Court through the elaborate grounds raised in these civil revision petitions and would maintain that in facts and circumstances if the court is satisfied that both petitioner and respondent are not having strong prima facie case it would be just and proper to entrust management to some committee to be constituted by this court or appropriate directions to be given in this regard for the purpose of smooth functioning of the educational institutions - Learned counsel also relied on certain decisions to substantiate his submissions – Held, Portions had been specifically pointed to show that the petitioner had been acting as Secretary - It may be so that at a particular point of time that might have been situation and whether it is to be taken as a mistake or otherwise this aspect also cannot be gone into at this stage - But however, while admitting the civil revision petitions also status quo had been granted - Status quo means the existing things as on the date of granting status quo to be continued - Educational institutions to continue such state of things till the disposal of the O.Ps - However, it is made clear that if petitioner as President of society is entitled to act as President of the society under any of the Rules or bye-laws of the society revision petitioner-president of such society is at liberty in doing so - Temporary injunction granted in favour of the respondent in aforesaid would not come in the way of revision petitioner acting as president in the event of Rules or bye-laws of the society authorizing him or permitting him to act in a particular way as president not beyond there - Temporary injunction granted in favour of respondent in I.A.No.2540 of 2008 in O.P.No.692 of 2008 is accordingly modified to extent of restraining revision petitioner from interfering with the activities of the respondent as Secretary of the society in question - Except this modification this court is thoroughly satisfied that common order under challenge does not suffer from any illegality whatsoever - Civil revision petitions are hereby dismissed

Common Order:

C.R.P.M.P.No.927 of 2009 is filed by the respondent to vacate the order of status quo, dated 27.01.2009, granted in C.R.P.M.P.No.7366 of 2008 in C.R.P.No.5530 of 2008.

2. Likewise, the respondent filed C.R.P.M.P.No.929 of 2009 to vacate the order of status quo, dated 27.01.2009, granted in C.R.P.M.P.No.7376 of 2008 in C.R.P.No.5537 of 2008.

3. When these vacate applications were taken up for hearing, the counsel representing the parties made submissions at length in both the civil revision petitions and also further made a request for final disposal of the civil revision petitions themselves. Hence, these civil revision petitions are being disposed of finally by this Court.

4. Sri A.V. Sesha Sai, learned counsel representing the revision petitioner in both the civil revision petitions had taken this Court through the common order made by the learned Principal District Judge, West Godavari District at Eluru, and would maintain that the learned Judge totally erred in granting temporary injunction in favour of the respondent and negativing the temporary injunction prayed for in favour of the petitioner in the respective O.Ps. The counsel also pointed out to the documents relied upon by the parties and further pointed out to Rule 5 (c) of the Rules governing the society and would maintain that the respondent submitted a false return to the District Registrar on 28.5.2008 regarding change of name of the Secretary-cum-Correspondent of the society by forging the signatures. The learned counsel also made elaborate submissions relating to Ex.B-17 and Ex.B-18 and would maintain that the learned Principal District Judge had not decided the impact of these documents in proper perspective, even otherwise these documents were not considered in elaboration. The counsel also would maintain that even as per Ex.B-1 memorandum it is clear that the petitioner has been the founder-secretary and continuous to be so and when specific stand had been taken relating to the forgery of signatures, this being a question of fact, inasmuch as at interlocutory stage it is not possible to decide the question to hold that respondent is having prima facie case or balance of convenience for granting temporary injunction, definitely cannot be sustained. A person who approaches the Court praying for temporary injunction may have to approach the Court with clean hands. Since the respondent approached the Court by suppressing the facts and with unclean hands, definitely he is not entitled to the relief of temporary injunction, which is an equitable relief. Even otherwise, the counsel would maintain that in relation to internal affairs of educational institutions, courts should be slow in making such orders. The counsel also would maintain that by virtue of the order made, the revision petitioner is not permitted to enter the premises at all and virtually he is being restrained even from acting as president. The learned counsel also had taken this Court through the elaborate grounds raised in these civil revision petitions and would maintain that in the facts and circumstances if the court is satisfied that both the petitioner and respondent are not having strong prima facie case, it would be just and proper to entrust management to some committee to be constituted by this court or appropriate directions to be given in this regard for the purpose of smooth functioning of the educational institutions. The learned counsel also relied on certain decisions to substantiate his submissions.

.5. Per contra, Sri C. Raghu, learned counsel representing the respondent in both these civil revision petitions had taken this Court Through the contents of the order under challenge, the documents relied upon by the parties and would maintain that in the light of the material available on record, the learned Principal District Judge, West Godavari at Eluru, recorded appropriate findings and came to the conclusion that on the relevant day since the respondent had been act





























































































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