S. B. SINHA, C. J.

( 1 ) WHETHER an appeal is maintainable against an order refusing an application for injunction purported to have been filed under Order 39 Rules 1 and 2 of the Code of civil Procedure read with Section 151 is the question referred to this Bench by a learned single Judge of this Court.

( 2 ) APPELLANTS were the petitioners before the learned Court below. They are working as Divisional Engineers in A. P. TRANSCO.

( 3 ) THEY filed a petition being o. P. No. 1361 of 2000 on the file of the Chief judge, City Civil Court, Hyderabad under section 11 of Andhra Pradesh (Telangana area) Public Societies Registration Act, 1350 fasli (for short the Act ) for a declaration that the election scheduled to be held on 9-8-2000 to the 1st respondent-Association is illegal, arbitrary and contrary to the procedure contemplated by the 2nd respondent in terms of his notification dated 7-7-2000.

( 4 ) IN the said proceedings, the appellants also filed an interlocutory application being i. A. No. 2109 of 2000 under Order 39 Rules 1 and 2 read with Section 151 of the Code of civil Procedure restraining the respondents from conducting the election scheduled to be held on 9-8-2000 to the

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