P SUBBA RAO Vs. ANDHRA ASSOCIATION DELHI

JUDGEMENT

(1.) THESE appeals have been filed by the appellants being aggrieved by the order dated 20th December, 2006 passed by the learned Single Judge, whereby two applications filed by the appellants herein under Order XXXIX Rules 1 and 2 CPC, registered as IA No. 5642/2004 in CS (OS) No. 945/2004 titled R. Damodar and others v. Andhra Association, Delhi (Regd.) and others and IA Nos. 7848-49/2004 in cs (OS) No. 1328/2004 titled P. Subba Rao and others v. Andhra Association, Delhi (Regd.) and others were dismissed. As in both these appeals the appellants are challenging the common order dated 20th December, 2006 and the reliefs sought for are also similar, we dispose of these two appeals by this common judgment and order.

(2.) THE aforesaid applications under Order XXXIX Rules 1 and 2 of the Code of civil Procedure for grant of interim injunction were filed in the aforesaid two suits, challenging the election process of the Andhra Association (respondent no. 1 herein ). The records placed before us clearly disclose and establish that the suit of Shri R. Damodar and others was filed earlier than the suit filed by shri P. Subba Rao and others with an identical subject-matter. In Suit no. 945/2004 filed by Shri R. Damodar and others, the following reliefs were sought for in the injunction application being IA No. 5642/2004:

(3.) THE said application was filed on 31st August, 2004 and by filing the aforesaid application, the appellants prayed for an interim order restraining the respondents / defendants herein from carrying on and holding elections of the Andhra Association on 5th September, 2004 When the said suit was listed before the learned Single Judge, while issuing summons in the suit, notice was issued on the injunction application and the statement of the counsel appearing for the plaintiffs was also recorded to the following effect: