Single judge dismissed a Civil Revision Petition challenging the return of an injunction application by the V Assistant Judge, City Civil Court, Chennai, which queried maintainability on grounds of maverick property and limit of relief.
Civil Revision Petition dismissed; no costs; connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(PD).No.2799 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(PD).No. 2799 of 2021 and
C.M.P.No.20318 of 2021
M/s. Dream Warrior Pictures Rep. by its Partner Mr.S.R.Prabhu No.17/8, Flat No.1, Ganpath Apartments, Krishna Street, T.Nagar, Chennai – 600 017. .. Petitioner/Petitioner/Plaintiff
Vs.
M/s. Straight Line Cinemas Rep. by its Proprietor Mr.Sudhir V.K Krishna Bhat Tower Pullepady Road Ernakulam 682 035. .. Respondent/Respondent/Defendant
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to revise and set aside the petition order dated 02.12.2021 passed in I.A.Sr.No. 55263 of 2021 in O.S.No. 7743 of 2021 by the learned V Assistant Judge, City Civil Court, Chennai and allow the Injunction petition by allowing the CRP.
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C.R.P.(PD).No.2799 of 2021
For Petitioner : Mr. S.S.Swaminathan
O R D E R
Challenge in this Revision is to the return of the injunction
application made by the V Assistant Judge, City Civil Court, Chennai.
2. The plaintiff who obtained a decree against the defendant before the Commercial Division of this Court for payment of money on 01.10.2021, filed a suit for permanent injunction restraining the defendant from releasing a movie named 'DIJINN'. An application for injunction was filed in the said suit seeking an order of interim injunction restraining the
defendant from releasing the movie 'KSHANAM' which is also produced by the defendant.
3. The learned V Assistant Judge, City Civil Court, Chennai, had
returned the injunction application querying its maintainability on the ground that while the prayer in the suit is for injunction in respect of different movie, the plaintiff cannot seek interim injunction in respect of
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C.R.P.(PD).No.2799 of 2021
another movie. In doing so, the learned V Assistant Judge, City Civil Court,
Chennai, also felt that the interim relief is larger than the main relief. Eventhough the said conclusion of the learned learned V Assistant Judge, City Civil Court, Chennai, may not be strictly correct, I am of the opinion that the return made by the learned V Assistant Judge, City Civil Court, Chennai, should be sustained on the ground that the prayer in the Interlocutory Application cannot be for a total by different property which is not the subject matter of the suit.
4. Hence, I do not find any merit to interfere with the return made by the learned V Assistant Judge, City Civil Court, Chennai. This Civil Revision Petition is therefore dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.
08.12.2021
vsg
Index : No Internet : Yes/No Speaking order / Non-Speaking order
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C.R.P.(PD).No.2799 of 2021
R.SUBRAMANIAN, J.
vsg
To
The V Assistant Judge, City Civil Court, Chennai.
C.R.P.(PD).No. 2799 of 2021 and C.M.P.No.20318 of 2021
08.12.2021
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3 issues framed by the court
Whether the High Court should interfere with the return of an injunction application querying its maintainability.
Whether an interim injunction can be granted in a suit if the main prayer relates to a different property.
Whether the interim relief sought is larger than the main relief claimed.
2 provisions across 1 enactments
M/s. Dream Warrior Pictures Rep. by its Partner Mr.S.R.Prabhu
M/s. Straight Line Cinemas Rep. by its Proprietor Mr.Sudhir V.K Krishna
R.SubramanIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court