JUDGMENT

M. M. DAS, J. — This Letters Patent Appeal has been filed against the order dated 9.9.2005 passed by the learned Single Judge in FAO No.298 of 2005.

2. Dipika English Medium School Society, a society regis¬tered under the Societies Registration Act being represented through its Principal Secretary has filed Civil Suit No.131 of 2005 which is pending before the learned Civil Judge (Sr. Divi¬sion), Rourkela. It appears from the prayer made in the plaint that the plaintiff has claimed for a declaratory decree declaring that the defendants 1 to 10 are not entitled to interfere in the management and administration of the plaintiff’s school and further declaring that the constitution of the Managing Committee of the said school amongst defendants 1 to 10 on 25.7.2005 is illegal and unlawful and not binding on the plaintiff. A conse¬quential relief in the form of permanent injunction restraining the defendants 1 to 10 from interfering with the management and administration of the school and from dealing with the Bank Accounts as per the schedule given in the plaint and from forci¬bly evicting the plaintiff from the school premises has also been sought for.

3. Along with the plaint, a petition under Order 39, Rules 1 and 2 of the Code of Civil Procedure was also filed by the plaintiff praying for an ad interim injunction restraining the opp.parties 1 to 4 who were defendants in the suit, from inter¬fering with the management and administration of the school and from taking possession of moveable and immoveable assets of the said school from the plaintiff-petitioner. The said application was registered as CMA No.43 of 2005. The said interim application was taken up for hearing by the trial Court and after hearing the learned counsel for the parties and considering the materials available on record, the learned trial Court allowed the said Misc. Case filed by the plaintiff, restraining the opp.parties 1 to 8 by way of an ad interim order of injunction, from interfer¬ing with the management and administration of the plaintiff-school and from taking possession of the moveable and immovable assets of the said school and further from dealing with the Bank Accounts as described in the schedule of the Misc. Case Petition. They were also restrained from forcibly evicting the plaintiff from the premises and were directed that till disposal of the suit, the opp.parties 9 and 10 in the said Misc. Case who happen to be the senior Headmistress of the primary section of the said school and the Principal of the school respectively, would oper¬ate the Bank Account in question, in accordance with law under guidance of the old Managing Committee of the school and under the control of the plaintiff-society.

4. Being aggrieved by the said interim order of injunc¬tion, the defendant No.1 preferred FAO No.298 of 2005 before this Court. The said appeal has been disposed of by the learned Single Judge by his order dated 9.9.2005 with the following directions and observations:

“Accordingly, while confirming the first part of the im¬pugned order, I direct that opposite parties 9 and 10, i.e., the Senior Headmistress of the said School and the Principal of the School respectively shall carry on the day-to-day work of the school, and shall operate the bank account in question in accord¬ance with law but then shall not take any policy decisions. This Court also feels that it would be just and proper that the afore¬said opposite parties 9 and 10 seek guidance from the Managing Director, Rourkela Steel Plant, if any exigency arises and I so direct. The direction that they shall act under the guidance of the old managing committee is set aside.

With the aforesaid observations/directions, the appeal is disposed of. The trial Court is directed to dispose of Civil Suit No.131 of 2005 as expeditiously as possible, preferably within a period of six months hence, if there is no other impediment. The parties are directed to cooperate with the trial Court”.

5. Th