State Bank of India Staffs represented through its Secretary v. Thavamani
2013-01-31
G.RAJASURIA
body2013
DigiLaw.ai
Judgment 1. The Civil Revision Petition has been filed to get set aside the order dated 20.12.2012 passed in I.A.No.1047 of 2012 in O.S.No.1113 of 2012, by the learned Principal District Munsif, Madurai Town. 2. Heard the learned Counsel for the revision petitioner. 3. The learned Counsel for the revision petitioner would echo the cri de coeur and heart burns of his client to the effect that the ex-parte injunction already granted by the lower Court was not extended from 20.12.2012, on the main ground that notice was not served on the respondents. Even though, the plaintiff took all steps to get notice served on the respondents and there is no fault on the part of the plaintiff, yet the ex-parte injunction already granted was refused to be extended by the lower Court. Hence, this Civil Revision Petition has been focussed by the revision petitioner. 4. I would like to point out that this is only interim nature and that too, the lower Court exercised its discretionary power in the factual matrix. As against which the Civil Revision Petition filed under Article 227 of the Constitution of India is not tenable, in view of the decision of this Court in Durairaj and others v. Venugopal and another reported in 2012-3-L.W. 807 and only appeal would lie. However, if at all, the revision petitioner is aggrieved, it is open for him to approach the regular Appellate Court concerned, excluding the time taken for prosecuting this Civil Revision Petition. 5. In view of the above, this Civil Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition is dismissed. No costs.