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2020 Supreme(AP) 303

G.SHYAM PRASAD
Atmakuri Yeshoda – Appellant
Versus
Sankar Foundation A Public Charitable Trust – Respondent


Advocates Appeared:
For the Petitioner: M. Kesava Rao
For the Respondent: S. Subba Reddy

JUDGMENT :

The Civil Miscellaneous Appeal arises out of the order dated 28.01.2019 passed in I.A.No.2243 of 2016 in O.S. No.496 of 2016 on the file of Principal District Judge, Visakhapatnam, filed by the respondents.

2. Brief facts of the case are that the appellants have filed the suit in O.S No.496 of 2016 seeking for the following relief’s:

    “(i) to remove the first defendant as a trustee of the first plaintiff Trust;

(ii) Grant permanent injunction thereby restraining the defendants, their men and agents from indulging in anti-trust activities by addressing letters and complaints to statutory authorities and press against plaintiffs and other trustees of the first plaintiff trust;

(iii) For costs and such other relief’s as the Honourable Court deems fit in the circumstances of the case.”

3. The trial Court on considering the facts and circumstances of the case, has partly allowed the I.A.No.2243 of 2016. The relief claimed by the appellants in the above I.A. is as follows:

    “This petition is filed by the petitioners/plaintiffs under Order 39 Rule 1 & 2 r/w Section 151 of CPC praying the Court to grant temporary injunction pending disposal of the suit restraining the respondents/defenda

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