MADHAVA RAO Vs. SHANKAR REDDY

JUDGEMENT

(1.) This revision is directed against an adinterim injunction issued by the District Judge Karimnagar in I.A. No. 67/83 in C. M. A. No. 5/83 on his file

(2.) The material facts can be briefly noticed. The two petitioners are defendants 2 and 3 in O. S. No. 9/83 on the file of the Subordinate Judge. Karimnagar. The 1st defendant is the State Bank of India Officers Association (hereinafter called the Association) represented by its President Sri Kotaiah. That Association is the 2nd repondent in this revision. The 2nd defendant is the General Secretary of the Association. The 3rd defendent is the Chairman of the Election Committee of the Association. The 1st resppondent who is the plaintiff in the suit is a Member of the Association. He filed the suit for a declaration that the defendants have no locus standi to hold election of Officer-Bearers to thelst defendant Association.Pending suit he applied for the grant of a temporary injunction. The Subordinate Judge by his order dated 18-3-1983 directed issue of urgent notice. The order of the Subordinate Judge read:

(3.) The main submissions made by Mr. E. S. Ramachandra Murthy are-the District Judge committed an error of jurisdiction in entertaining C. M. A.No. 5/83. Even if such C. M. A could be filed, the District Judge commitied an error in granting an exparte injunction when the Subordinate Judge Karimnagar felt that no such exparte ad interim injunction could be granted without first directing notice of the application to the defendants in the suit. Taking the background in which the disputes were raised, the granting of an ad interim injunction is not justified.