BHARATIYA ADIMJATI SEVAK SANGHA Vs. MAHADEVAGOUDA

JUDGEMENT

(1.) Petitioner herein is the plaintiff in O.S.No .94/2017 which is pending on the file of Prl. Civil Judge and I Additional J.M.F.C. at Ranebennur . Along with the plaint an application was filed by the plaintif f under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure , 1908 (for short, 'C .P.C .') seeking an order of temporary in junction against the de fendants restraining them from representing as Secretary or President or members o f Barathiya Adima Jati Seva Sangha, Ranebennur or BAJSS New Delhi on the premise that they are strangers to the said Sangha and BAJSS. Initially an ex parte order of temporary in junction was granted in favour of the plaintiff. Subsequently by order dated 27.04.2017 the application filed under Order XXXIX Rule 1 and 2 of C.P.C . was rejected and the ex parte order of temporary injunction was vacated. Being aggrieved by the order of trial Court plaintif f preferred M.A.No.7/2017 be fore the Court o f Additional Senior Civil Judge and J.M.F.C., Ranebennur . By judgment dated 14.09.2017 the said appeal has been dismissed and the order of the trial court has been confirmed. Being aggrieved by the same , the plaintif f has preferred this writ petition.

(2.) I have heard learned counsel for the petitioner and learned counsel for the caveator/ respondent No.1 and perused the material on record.

(3.) During the course of submission, it has been brought to my notice that the suit is at the stage o f trial. That plaintiff's evidence has been recorded and it is for cross-examination of plaintif f. However, the apprehension expressed by learned counsel for the petitioner is that the findings and conclusions arrived at by the trial Court as well as the First Appellate Court while considering the application filed under Order XXXIX Rule 1 and 2 of C .P.C. would inevitably come in the way of deciding the suit as the same would in fluence the learned trial Judge in holding that the plaintif f has no locus standi to file the suit, and therefore, on that basis the suit may be dismissed.