High CourtsSingle Bench(2002) 02 MAD CK 0007

T.N. Vijayavarman Tirumalpad, T.N. Balagopalan Tirumalpad, Padmanaban and Gananathan vs Vettakaran Temple Development, Committee

Madras High Court · Decided on 15 February 2002

HON’BLE JUDGES
M. Chockalingam, J
CASE NUMBER
C.R.P. No. 2425 of 2000 and C.M.P. No. 13087 of 2000

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Judgment

11 paragraphs · 272 words

M. Chockalingam, J.—This Civil Revision Petition is directed against the order of the learned Vacation Civil Judge, Udhagamandalam (In

the court of District Munsif, Gudalur), dated 24.5.2000 made in I.A. No. 44 of 2000 in O.S. No. 13 of 2000, which is renumbered as I.A. No.

235 of 2000 in O.S. No. 62 of 2000. It was a suit filed by the first respondent herein for permanent injunction. At the time of filing of the suit, an

interim injunction application was filed in I.A. No. 44 of 2000 and subsequently renumbered as I.A. No. 235 of 2000 in O.S. No. 62 of 2000

before the District Munsif, Gudalur. From the materials available on hand, it could be well seen that a caveat petition was filed by the revision

petitioners/defendants and it was given number, which was pending. Under the stated circumstances, the lower court without hearing the caveator

should not have passed any interim orders. In view of the very pendency of the caveat on its file, an order of interim injunction has been granted,

and therefore, the said order has got to be set aside without any hesitation whatsoever. It is brought to the notice of the court by the learned

counsel for the revision petitioners that the said order of injunction has been suspended by this Court. However, the lower court is directed to

dispose of the application for interim injunction within a period of two months from the date of receipt of copy of this order.

With the above direction, this Civil revision Petition is closed, leaving the parties to bear their costs. Consequently, connected CMP is also closed.