CHANDRASHEKAR K. S/O KALLAYA AND SRI SUBBARAJ S/O G. SEETARAM SHETTY Vs. BANGALORE CITY INSTITUTE (REGD.) REP. BY ITS SECY

JUDGEMENT

(1.) THIS appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure is directed against the order passed by the Trial Court in pending O.S. No. 27o9/2009 on 18.4.2009 directing issue of notice to the defendants on an application filed by the plaintiff under Order XXXIX Rules 1 and 2.

(2.) THE suit filed by the plaintiff is to declare that the resolution Nos. 1 to 4, copies of which are produced before the Trial Court at Annexure -L are unjust, illegal and contrary to bye -laws and provisions of Karnataka Societies Registration Act and it is in such a suit plaintiff had sought for an order of temporary injunction to restrain the defendant society from holding a proposed special general body meeting on 3.5.2009. While learned judge of the trial court did not grant an ex -parte order of temporary injunction, only issued notice on the I.A. to the defendants. Aggrieved by this order the present appeal.

(3.) THE matter has come up before the court for orders on the maintainability of the appeal. Smt. M.D. Anuradha, learned Counsel appearing for the appellant submits that the trial court though directed issue of notice, it nevertheless is an order of refusal to grant an order of temporary injunction, that the prayer was for restraining the defendant from going ahead with the special general body meeting proposed to be held on 3.5.2009. On issue of notice and taking up the matter after the proposed meeting is virtually a denial of the prayer and in this view of the matter, present appeal is maintainable as it has to be taken as an appeal against an order passed by the trial court refusing to grant an order of temporary injunction.