M. RADHKRISHNAN Vs. CHANDRAMOHAN S.

JUDGEMENT

(1.) Aggrieved by Ext P7 judgment passed in CMA No.168/2022 of the Court of the Additional District Judge-V, Thiruvananthapuram (Appellate Court), the defendants 2 and 3 in the suit have filed the original petition. The respondents 1 and 2 are the plaintiffs and third respondent – club - is the first defendant in the suit.

(2.) The relevant antecedent facts leading to Ext P7 are: the respondents 1 and 2 had filed OS No.353/2022 before the Court of the Munsiff, Thiruvananthapuram (Trial Court), for a decree of permanent prohibitory injunction, to restrain the petitioners and the third respondent from taking up any agenda for discussion in the general bodymeeting of the third respondent club scheduled to be convened on 19/3/2022 or any other date. Even though they filed IA No.1/2022 (Ext P1) under Order 39 Rule 1 and 2 of the Code of Civil Procedure (in short "Code'), for an order of temporary injunction, the Trial Court rejected the application by Ext P3 order on 18/3/2022. Challenging Ext P3 order, the respondents 1 and 2 filed CMA No.168/2022 before the Appellate Court on 18/4/2022. The petitioners filed Ext P6 written objection in the appeal. The Appellate Court, by the impugned Ext P7 judgment allowed the appeal in the following manner:

(3.) Heard; Sri.Ravi Krishnan, the learned counsel appearing for the petitioners and Sri.S.Balachandran, the learned counsel appearing for the respondents 1 and 2. Service is complete on the third respondent.