VOKKALIGARA SANGHA VISHWESWARA PURAM BANGALORE Vs. S PRADEEP

JUDGEMENT

(1.) the appellants are the defendants in o.s. no. 10169 of 1994 on the file of the viith additional city civil judge, bangalore. They are questioning the grant of ad interim order of mandatory injunction granted against them to conduct the election in accordance with annexure d.

(2.) when this appeal came up for admission, Sri s. Shekharashetty, learned advocate who represented the respondent before the trial court made his appearance. At the initial stage, the maintainability of the appeal is questioned by the respondent and therefore the learned advocates are permitted to make their representation only with regard to maintainability of appeal before considering the case for admission.

(3.) few facts are necessary and they are as follows:the respondent filed a suit for judgment and decree against the appellants for a declaration that annexure b and f are null and void and issued without any jurisdiction and for a permanent injunction restraining the appellants from postponing the election for the central executive committee from 27-3-1994 to any other date. La. 1 under order 39, Rules 1 and 2 read with section 151, cpc was filed for an order of temporary injunction restraining the appellants from postponing the election and la. 2 on the similar provision of law filed for an ad interim order of mandatory injunction to conduct the election on 27-3-1994.