Mrs. N. Latha & Another v. Mr. M. Natarajan & Others
2010-03-26
M.JAICHANDREN
body2010
DigiLaw.ai
Judgment :- This Civil Revision Petition has been filed against the order, dated 16.04.2009, made in I.A.NO.3843 of 2009, in O.S.No. 2097 of 2009, on the file of the XII Assistant Judge, City Civil Court, Chennai. 2. The petitioners had filed the suit, in O.S.No.2097 of 2009, on the file of the XII Assistant Judge, City Civil Court, Chennai, praying for a permanent injunction restraining the fifth defendant therein and others claiming through them, from bringing the property, morefully described in item No.1 of the schedule annexed to the plaint, to auction. The petitioners had also filed an interlocutary application in I.A.No.3843 of 2009, in O.S.No.2097 of 2009, praying for an order of interim injunction restraining the defendants and others claiming through them, from bringing the suit property to auction. Eventhough an order of interim injunction, as prayed for by the petitioner, had been granted by the trial Court, by its order, dated 26.03.2009, the trial Court, by an order, dated 16.04.2009, had stated that the interim injunction already granted by the court was not being extended, any further. 3. The learned counsel appearing on behalf of the petitioner had submitted that the order passed by the trial Court, on 16.04.2009, is erroneous and illegal for the reason that, under Order 39 Rule 4 of the Civil Procedure Code 1908, the trial Court was not entitled to set aside an order of injunction. However, it did not have the authority or power to state that the interim order already granted by the said Court was not being extended. 4. There is no representation on behalf of the respondents 1 to 4. The learned counsel appearing on behalf of the 5th respondent had submitted that the Impugned Order, dated 16.04.2009, made in I.A.No.3843 of 2009, is an appealable order, as an appeal would lie, under Order XLIII Rule 1 of the Civil Procedure Code 1908. Therefore, the present Civil Revision Petition is not maintainable and the same is liable to be dismissed. 5. In view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court finds that the order passed by the learned XII Assistant Judge,City Civil Court, Chennai, dated 16.04.2009, in I.A.No.3843 of 2009, is an appealable order, as per the provisions of the Order 43 Rule 1 of the Civil Procedure Code, 1908. Therefore, the present Civil Revision Petition is not maintainable.
Therefore, the present Civil Revision Petition is not maintainable. Hence, it stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.