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2014 (9) TMI 1246 - HC - Indian LawsRefusal of an exparte ad interim injunction - bonafide members of the petitioner society who had been unfairly expelled from the society - HELD THAT:- The order impugned suffers from the malaise that merely because the appeal may become infructuous upon an ad interim injunction being declined, the Court perceives to be obliged to pass an order. Since the assumption of jurisdiction by the Appellate Court without considering the grounds on which the Trial Court declined the ad interim injunction appears to be irregular and improper, the order impugned dated September 16, 2014 is set aside and the appeal disposed of. The parties should immediately inform the Appellate Court so that it can record the disposal of appeal. The Trial Court is now requested to ensure that the plaintiffs' injunction application is taken up and disposed of within a period of one month after the reopening of the Court following the Puja Vacation - application disposed off.
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