Geetha, v. Ganesan
Case brief
What is this about?
The Madras High Court dismissed the civil revision filed under Article 227 of the Constitution against an order vacating an injunction. The Court held the petition inadmissible because an appeal lies under Order 43 Rule 1(r) CPC.
What did the court decide?
Civil Revision Petition dismissed as not maintainable; impugned orders returned to petitioner for filing appeal.
What the court decided
CRP(MD)No.197 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 12.02.2021
CORAM
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN C.R.P(MD)No.197 of 2021 and
C.M.P(MD)No.1195 of 2021
Geetha
...Petitioner/Respondent/Petitioner/ Plaintiff
Vs.
Ganesan ...Respondent/Petitioner/Respondent/ Defendant
PRAYER:- Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order in I.A.No.138 of 2020 in I.A.No.125 of 2020 in O.S.No.98 of 2020 dated 22.12.2020 on the file of the District Munsif, Madurai Taluk, Madurai.
For Petitioner : Mr.Muniyandi
Issues for consideration
2 issues framed by the court
Whether a civil revision petition is maintainable against an order making an interim application not appealable under Order 43 Rule 1(r) CPC.
Whether the High Court can intervene through Article 227 if the constitutional remedy of appeal under Order 43 Rule 1(r) CPC is available.
Parties & counsel
- petitioner
Geetha
- respondent
Ganesan
Coram
R.SUBRAMANIAN
Case details
As recorded by the court registry
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