1. C.M.P. No. 11805/2002 in C.M.P. No. 24385/2001 in the present Civil Miscellaneous Appeal was filed by the respondent in the Appeal to vacate the interim order dated 21-12-2001 passed in C.M.P. No. 24385/2001. When the said vacate application came up for hearing, both the counsel representing the parties had advanced elaborate arguments and made a request to dispose of the main Appeal itself and thus, with the consent of both the counsel, the main Appeal itself was heard and the same is being disposed of.

2. The appellant herein filed the present Civil Miscellaneous Appeal under O.43, R.1 of the Code of Civil Procedure , hereinafter referred to as "Code" in short, as against an order made in I.A. No. 1410/2000 in O.S. No. 403/2000 on the file of Principal Senior Civil Judge, Vijayawada. The appellant herein, the plaintiff in the aforesaid suit, filed an application under O.39, R.1 and R.2 and S.151 of the Code praying for temporary injunction against the respondent - society restraining the said society from executing the decree to the extent of the plaint schedule property in E.P. No. 4/98 in O.S. No. 1705/85 on the file of the IV Additional Junior Civil Judge, Vijayawada, pendi