Dismissed

A. Balachandran v. Smt. Devi

Madras HC17 Apr 2018CRP(MD)/857/2018

Case brief

AI extract

What is this about?

The Madurai Bench dismissed the Civil Revision petition as not maintainable because the petitioner failed to approach the appellate forum against the interim injunction order, which is appealable under Order 39 Rules 1 and 2 and Section 151 CPC. Liberty granted to appeal.

What did the court decide?

Civil Revision petition dismissed as not maintainable; liberty granted to file appeal within one week.

A. Balachandran Vs Smt. Devi — Civil Procedure and Limitation | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.04.2018

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CORAM

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THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

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C.R.P.(MD)No.857 of 2018(NPD) and C.M.P.(MD)No.3746 of 2018

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A.Balachandran ... Petitioner/Petitioner/Plaintiff

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Vs.

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Devi ... Respondent/Respondent/Defendant

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Prayer : Civil Revision petition is filed under Section 115 of Civil Procedure Code, to allow the Civil Revision and set aside the order passed in I.A.No.397 of 2016 in O.S.No.126 of 2016, dated 06.11.2017 on the file of the learned Subordinate Judge, Aruppukottai.

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For Petitioner : Mr.C.S.Ravichandran

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O R D E R

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This Civil Revision petition arises out of the order passed in I.A.No.397 of 2016 in O.S.No.126 of 2016, dated 06.11.2017 on the file of the learned Subordinate Judge, Aruppukottai.

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Heard the learned counsel appearing for the petitioner.

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The Revision petitioner is the plaintiff in the suit in O.S.No.126 of 2016 on the file of the Subordinate Court, Aruppukottai. Pending suit, the petitioner filed an application in I.A.No.397 of 2016 for interim injunction. The trial Court dismissed the said application on 06.11.2017. Challenging the said order, the present Civil Revision petition has been filed.

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Admittedly, against the order passed under Order 39 Rule 1 and 2, and Section 151, C.P.C., there is an appeal provision before the appellate forum. However, without approaching the appellate forum, the petitioner has filed the present Revision petition. Hence, the Civil Revision petition is dismissed as not maintainable. However, the petitioner is given liberty to file an https://hcservices.ecourts.gov.in/hcservices/ appeal before the appellate Court concerned within a period of one week from the date of receipt of a copy of this order. No costs.

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Consequently, connected Miscellaneous petition is closed.

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Sd/Assistant Registrar(Crl side)

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/True Copy/

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Sub Assistant Registrar

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The Subordinate Judge, Aruppukottai.

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The Record Keeper, V.R.Section,

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Madurai Bench of Madras High Court, Madurai.(2 copies)

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- 1 cc TO Mr.C.S.Ravichandran , Advocate in SR No. 62086

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pmu

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AE/JC/SAR1/07.05.2018/2P/5C

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C.R.P.(MD)No.857 of 2018 and C.M.P.(MD)No.3746 of 2018 17.04.2018

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https://hcservices.ecourts.gov.in/hcservices/

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https://hcservices.ecourts.gov.in/hcservices/

A. Balachandran v. Smt. Devi

Case brief

What is this about?

What did the court decide?

A. Balachandran v. Smt. Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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