JUDGMENT :

Dr. A.K. Rath, J.

1. This petition challenges the judgments dated 20.7.2016 and 30.11.2016 passed by the learned Addl. District Judge, Bhubaneswar in F.A.O. No.28 of 2016 and I.A. No.2 of 2016 respectively. By judgment dated 20.7.2016, learned Additional District Judge, Bhubaneswar set aside the order dated 16.2.2016 passed by the learned Civil Judge (Jr. Divn.), Bhubaneswar in I.A. No.799 of 2015 and restrained the opposite party no.1-Association from preventing the entry of three private vehicles mentioned therein into the premises of Arcon Retreat apartment through its main gate to pick up/drop the minor daughter of the petitioner from school and tuition classes, whereas by judgment dated 30.11.2016, learned appellate court rejected the application of the petitioner under Order 39 Rule 2-A C.P.C.

2. The petitioner as plaintiff instituted C.S. No.7846 of 2015 in the court of the learned Civil Judge (Jr. Divn.), Bhubaneswar, Khurda seeking the following reliefs:

“I.(a) The plaintiff’s suit be decreed with costs.

(b) It be declared that the MC or for that matter the General body of the Defendant no.1-Association cannot act and/or pass any resolution and/or undertake any action contrary to and in derogation of the bye-laws of the association and/or the objects of the Society as stipulated under the Memorandum of Association.

(c) It be declared that circulars/resolutions dated 19.6.15, 25.6.15, 28.06.15 are bad in law and null and void ab initio and therefore not binding on the Society and/or its Members being beyond the scope of authority of the MC as well as the General body for being contrary to and in derogation of the bye-laws as well as Memorandum of Association more particularly the objects clause of the Arcon Retreat Welfare Association.

(d) It be declared that the Arcon Retreat Welfare Association being a cultural association must act in a manner so as to propagate the objects for which it has been registered and not in derogation thereof.

(e) It be declared that any attempt by either the MC or the General Body to frame any Rules and Regulations (which is under contemplation) contrary to the objects of the society would be illegal and not binding on the members thereof.

II. (a) By way of a decree of permanent mandatory injunction this Hon’ble Court may be pleased to direct the Defendants not to implement the impugned circulars/resolutions and further allow continuance of the private van to pick up and drop the children from inside the Society as has been in vogue for the past several years in the interest of the safety and security of the young children some of whom per force have to return home at very late at night after their coaching classes gets over.

(b) By way of restrictive/prohibitive injunction the defendants may be restrained from enforcing/implementing the impugned circulars/resolutions and preventing the private van arranged by parents from picking up and dropping the school children from within the society premises, and also not to issue any circulars/pass any resolutions, subject matter whereof is not within the objects for which the society has been formed.”

3. The case of the petitioner is that she is the owner of a Flat No.DE-110, Arcon Retreat, Patia, Bhubaneswar. The residents of the apartment have formed a society in the name and style of Arcon Retreat Owners Welfare Association. The society has been registered under the Society Registration Act, 1860. She is a member of the society. The aim and objective of the society is to improve literature, fine art and culture and work for general public. While the matter stood thus, the Managing Committee issued a letter dated 19.6.2015 banning entry of the school buses inside the gate of the society from 22.6.2015. Her minor daughter is prosecuting studies in Sai International School. Other minor children of the apartment are prosecuting their studies. They used to attend coaching classes. It is not possible on the part of the minor children to board the bus