M D NANJUNDASWAMY Vs. BASIC EDUCATION SOCIETY

JUDGEMENT

(1.) Unfortunately this matter has been posted once again before me on account of what was recorded on 8-2-1989. When I proceeded for orders, learned Counsel for the petitioner requested for an adjournment. Therefore, it was adjourned by one week. Today, I have heard Mr. Baliga once again in the light of the noshing made by my learned brother PKSJ., on February 16,1989.

(2.) The questions which are raised beforethis Court are :- 1. Whether the order under revision is bereft of reason ? 2. If it is not bereft of reasons whether the reasons given may be said to be sustainable reasons legally ?

(3.) The brief facts are these;- Plaintiff filedthe suit inter alia seeking a permanent injunction restraining defendant and also made an application under O.39, Rules 1 and 2 CPC for temporary injunction. It is asserted that no temporary injunction was granted ex- parte. Notices appear to have been directed and parties have entered appearance and respondents even filed their written statement.. I.A.II was filed seeking to raise certain preliminary issue in regard lo jurisdiction of the Court. That application was rejected by the trial court. Therefore I.A.4 was filed seeking a review of the order made on I.A.II. That also came to be rejected. It was then that the revision petitioner - first defendant filed I.A.5 raising substantially the same questions which had been earlier raised in I.A.II and rejected. It was at that point of time, the question arose before the court on the plea of the Counsel whether I.A.5 should be taken up first for disposal or I.A.I may be taken up first for disposal. The learned Judge has observed that the plaintiff contended that there was urgency to grant temporary injunction. That is obvious when the suit itself is for injunction. Therefore, temporary injunction as prayed to protect status or to prevent any other acts by the defendants, one may presume warrants some urgency when an application is made for grant of temporary injunction, in a suit which is for permanent injunction.