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1. This Civil Miscellaneous Appeal has been preferred against the Order, dated 11.09.2006 made in I.A. No. 273 of 2005 in O.S. No. 72 of 2005 on the file of the Principal District Judge, Villupuram.

2. The appellants herein, as plaintiffs filed the suit in O.S. No. 72 of 2005 before the trial court, against the respondents, seeking decree of mandatory injunction 1) directing the respondents herein to hand over the possession of the suit property, namely, P.V. Polytechnic College, Tindivanam every alternate year as provided under the compromise deed, dated 11.06.2001. 2) directing the second respondent herein to hand over the Chairmanship of Rajas Educational Trust to the first appellant or his family members every alternate three years, as provided under the compromise deed, dated 11.06.2001 and 3) declaring the resolutions passed by the respondents on 28.03.2004 are null and void.

3. The Interlocutory Application in I.A. No. 273 of 2004 had been filed under Order XXXIX Rule 2 r/w Section 151 CPC, seeking to issue mandatory injunction, directing the respondents to hand over the management of P.V. Polytechnic College, Tindivanam and directing the second respondent herein to hand over the Chairmanship of Rajas Educational Trust to the first appellant herein forthwith. Though the petitioners have not specifically asked for interim mandatory injunction, in the Interlocutory Application before the trial court, learned Senior Counsel appearing for the appellants submitted that the appellants herein as petitioners filed the Interlocutory Application in the suit only for interim mandatory injunction, pending disposal of the suit.

7. In O.A. No. 725 of 2004, similar interim injunction was sought for by the appellants herein. The learned single Judge, by a common order held that the appellants herein are not entitled to the relief sought for, since admittedly, they were not in the possession of the property, namely, the Trust and also not in the administration of P.V. Polytechnic College, Tindivanam, on the date of the application. The order at paragraph number 8 reads as follows:

Admittedly, the plaintiffs are not in possession of the property, i.e., Trust and not in the administration of P.V. Polytechnic College at Pelakuppam village, Tindivanam as seen from the affidavit of the Principal of the said College (page 136 of the typed set). It is the settled position of law that the party who is not in possession is not entitled for an injunction. However, rights of the parties in pursuance of an earlier agreement to have administration on rotation basis shall be decided in the respective suits filed by the parties which are pending before the Fast Track Court-I and the Principal District Munsif Court at Tindivanam.

17. Mr. T.V. Ramanujam, learned Senior Counsel appearing for the appellants would contend that the respondents herein took over the administration of the Polytechnic and the Chairmanship of the educational trust, as per the compromise deed, dated 11.06.2002, which was duly registered in the Sub-Registrar's Office, the term of the first respondent came to an end on 10.06.2002, the first appellant was hoping to take over the administration on that day from the second respondent, however, compromise deed, dated 11.06.2001 was executed with the consent of both the parties, strangely, the respondents 1 and 2 herein instituted the suit in O.S. No. 121 of 2002 before the Sub-Court, Tindivanam, just three days prior to the date of handing over the charges to the first appellant and also obtained interim injunction against the appellants herein in I.A. No. 250 of 2002 restraining the appellants herein from interfering with the management of Rajas Educational Trust and P.V. Polytechnic College, Tindivanam. Aggrieved by which, the appellants preferred C.M.A. No. 564 of 2003 against the order passed in the said Interlocutory Application. It is not in dispute that as per the Judgment of the Division Bench, dated 23.12.2003, delivered by Hon'ble Mr. Justice K. Govindarajan, this Court, allowed the C.M.A. No. 564 of 2003 and set aside the order passed by the trial court. It is not in dispute that the respondents herein filed a suit in O.S. No. 121 of 2002 and obtained interim injunction restraining the appellants herein from interfering with the management of the Polytechnic. However, the C.M.A. No. 564 of 2003 preferred by the appellants was allowed, whereby, the order of injunction granted in favour of the respondents herein was set aside. Admittedly, there was no direction by the Division Bench of this Court to the respondents herein to hand over the administration of the Polytechnic to the appellants in the Civil Miscellaneous Appeal.