( 1 ) THIS appeal is directed against the order dated 27th September, 2002 passed by the learned Judge, 10th Bench, City Civil Court, Calcutta in title Suit No. 1430 of 2002, disposing of an application under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure (CPC ). The plaintiff respondent had sought for an injunction permitting the plaintiff to participate in the Annual General Meeting (AGM) and the Extraordinary General Meeting (EGM) of the defendant/appellant sought to be held on 28th September, 2002. The learned Judge, while disposing of the application for injunction was of the view that the plaintiff had the status of a permanent member of the club as such he should have a chance to participate in the EGM and AGM to be held on 28th September, 2002.

( 2 ) A preliminary objection has been taken by Mr. Ashoke Banerjee, the learned counsel for the respondents, that this appeal is not maintainable on two-fold grounds. First, that the meeting has already been held on 28th september, 2002, and nothing remains to be decided. In support, he refers to the order dated 30th April, 2003 passed in this appeal refusing stay of operation of this or