Dismissed

M.Baskaran, v. M.Dhosan

Madras HC9 Jun 2023CRP(MD)/1147/2021

Case brief

AI extract

What is this about?

The Madurai Bench held that a civil revision petition under Article 227 or Order 115 CPC is not maintainable against an interim injunction order. The Court dismissed the petition, directing the party to exercise the alternate remedy of civil miscellaneous appeal before the first appellate court.

What did the court decide?

Civil Revision Petition dismissed; liberty to work out alternate remedy before the first Appellate Court.

M.Baskaran, Vs M.Dhosan — Civil Procedure and Limitation | Madras HC (2023)

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C.R.P.(MD)No.1147 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.06.2023

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CORAM

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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C.R.P.(MD)No.1147 of 2021 and C.M.P.(MD)Nos.6697 and 6698 of 2021

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M.Baskaran .. Petitioner

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Versus

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1.M.Dhosan 2.M.Raj

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3.The Junior Engineer, Tamil Nadu Electricity Board (Distribution), Moolachel, Thuckalay Division. .. Respondents

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Prayer :- Petition filed under Article 227 of the Constitution of India, to set aside the fair order dated 22.04.2021, made in I.A.No.2 of 2020 in O.S.No.6 of 2020, on the file of the Additional District Munsif Court, Padmanabhapuram.

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For Petitioner : Mr.G.Prithiviraj For R1 and R2 : Mr.M.R.Srinivasan For R3 : No Appearance

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ORDER

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The petitioner is the first defendant in O.S.No.6 of 2020 before the Additional District Munsif Court, Padmanabhapuram.

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https://www.mhc.tn.gov.in/judis

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C.R.P.(MD)No.1147 of 2021

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2.The petitioner is aggrieved by the impugned order dated 22.04.2021, made in I.A.No.2 of 2020 in O.S.No.6 of 2020, on the file of the Additional District Munsif Court, Padmanabhapuram.

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3.By the impugned order, the learned Additional District Munsif, Padmanabhapuram, has allowed I.A.No.2 of 2020 filed by the respondents 1 and 2 to restrain the petitioner from interfering with the peaceful and enjoyment of the suit schedule property.

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4.Aggrieved by the same, the petitioner has now filed this Civil Revision Petition under Article 227 of the Constitution of India.

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5.The Civil Revision Petition either under Order 115 of C.P.C. or under Article 227 of the Constitution of India against an interim order passed under Order XXXIX Rules 1 and 2 of C.P.C. is not maintainable. The petitioner has an alternate remedy by way of Civil Miscellaneous Appeal before the first Appellate Court. The issue has also been answered by this Court on an earlier occasion in the case of Governing Council of American College, A Registered Society, Rep. by its Secretary/Principal, Madurai, and another vs. Dr.M.Davamani Christober reported in 2010 (3) CTC 604 .

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https://www.mhc.tn.gov.in/judis

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2/4

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C.R.P.(MD)No.1147 of 2021

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6.In view of the above, this Civil Revision Petition is liable to be dismissed.

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Accordingly, it is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. However, liberty is given to the petitioner to work out his remedy before the first Appellate Court, if so advised.

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NCC : Yes/No Index : Yes/No 09.06.2023 Internet : Yes/No smn2

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