( 1 ) THIS Miscellaneous First Appeal preferred under Order 43 Rule l (r) of the code of Civil Procedure arises out of and is directed against an order made by the Prl. Civil Judge and CJ. M. , Tumkur on I. A. No. 1 in O. S. 87/88 refusing to affirm an interim injunction granted to the plaintiff therein ensuring prevention of interference with the performance of the duties and functions by the plaintiff as Chara Jangama Pattadhikari and Uttaradhikari to the office of Mathad- hipathi of a religious Mutt called Sri sid- daganga Mutt in the outskirts of Tumkur city in the neighbouring district of Tumkur.

( 2 ) UPON the institution of the suit, the learned Judge had granted an ex-parte injunction as aforesaid but after notice to the defendants who appeared and opposed the affirmation of the injunction besides insisting upon vacating the same, the learned Judge after hearing both sides vacated the injunction and hence this appeal in which at the stage of admission itself, I have had the benefit of hearing not merely the appellant but also respondents who had successfully prevailed upon the court below to vacate the injunction. The respondents appeared in this Court