1982 Supreme(AP) 315

Andhra Pradesh High Court
Judges : G.L.OZA
Vasant Diwakar Patrikar - Appellant
Versus
Union of India - Respondent
C. R. No. 837/1282
Decided On : 09-07-82
.

Headnote:C P C O 41, R 5 (1); O39, Rr 1 and 2 - Ex parte temporary injunction - Appeal against - Appellate Court staying order of temporary injunction passed by trial Court - Held, illegal and without jurisdiction

       Held: The petitioners filed a suit in the trial Court for declaration and injunction and submitted an application for grant of temporary injunction, alleging that the petitioners who were taking interest in the trade union activities, were being victimised and with that mala fide intention, transfer orders were expected to be issued to them and the orders of transfer could no t be issued to them in the circumstances of the case The trial Court granted an ex parte temporary injunction restraining the non -applicants from passing the transfer orders and the case was fixed for hearing both the parties However, instead of appearing before the trial Court and opposing the confirmation of the stay order, the non-applicants preferred all appeal against the ex parte order grauted by the trial Court and obtained an ex parte order vacating the order granted by the trial Court from the appellate Court by the impugned order

       Held, that the stay order passed by the appellate Court which amounted the vacation of the order of temporary injunction, was illegal and without jurisdiction in view of O41, R 5 (1) as there were no proceedings under the order of temporary injunction which could be stayed, nor was there any question of execution which could be stayed