Anumamma, & Ors. vs M/s.Micro Labs Limited, rep by its Authorized Signatory

Challenging the interim injunction granted by the Subordinate Judge, Hosur in I.A.No.494 of 2017 in O.S.No.259 of 2017, the defendants have filed the above Appeal.

The respondent/plaintiff filed the suit in O.S.No.259 of 2017 for declaration and permanent injunction. In the said suit, the plaintiff also filed an application in I.A.No.494 of 2017 praying for interim injunction. The trial Court, by order dated 10.08.2017, granted an order of interim injunction till 30.08.2017 and directed the plaintiff to take notice to the defendants. Against this order, the defendants have filed the Appeal.

Though the application in I.A.No.494 of 2017 has not yet been decided finally by the trial Court, the defendants have filed the appeal under Order 43 Rule 1 of the Civil Procedure Code.

Under Order 43 Rule 1(r) of the Civil Procedure Code, only if an application filed under Order 39 Rules 1 & 2 of the Civil Procedure Code is decided finally, an appeal is maintainable. Since the trial Court has not decided the application finally, the Appeal preferred by the defendants cannot be entertained.

The learned counsel appearing for the appellants submitted that the defendants have filed their counter and the application is posted for enquiry on 10.10.2017. Further, the learned counsel submitted that in view of the interim injunction granted by the trial Court, the defendants are put to hardship and prejudice.

In view of the submissions made by the learned counsel for the appellants, without expressing any opinion with regard to the merits of the case, I direct the Subordinate Judge, Hosur to decide the application in I.A.No.494 of 2017 in O.S.No.259 of 2017 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

With this observation, the Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.