B.M. NAGAPPA S/O LATE MAN JAIAH PATEL, SRI. B.N. MANJUNATH S/O B.M. NAGAPPA, SRI. B.N. JAGADISH S/O B.M. NAGAPPA AND SRI. B.N. PRABHAKAR S/O B.N. NAGAPPA Vs. B.A. SHASHIKANTH S/O B.M. ANNAPPA

JUDGEMENT

(1.) THIS revision under Section 115 of Code of Civil Procedure is directed against the order in M.A. No. 24/2008 on the file of the I Addl. Senior Civil Judge & C.J.M. at Shivamogga dated 28.09.2010 by which the order passed by the trial court dated 12.06.2008 in O.5.477/2006 declined to grant ad interim order of injunction against the Defendants under Order 39 Rule 1 and 2 has been reversed. By the impugned order, the Appellate court has allowed I.A. filed under Oder 39 Rule 1 and 2 of Code of Civil Procedure granting ad interim order against the Petitioners. The order impugned therefore is an order granting ad interim order for injunction which is an interlocutory in nature, The question is whether revision under Section 115 of Code of Code of Code of Code of Civil Procedure against such an interlocutory order is maintainable.

(2.) SRI . H. Kantha Raja, learned Counsel appearing for the Petitioners submit that the order impugned is a final order disposing of the appeal and hence, the bar in exercise of revisional power by the High Court incorporated under Section 151 of Code of Civil Procedure is not applicable.

(3.) AT this stage, I accept the request of the teamed counsel Sri. Kantha Raja to permit the Petitioners to convert revision into Writ petition under Articles 226 and 227 of the Constitution of India, The request is granted. The Petitioner to take required stops like payment of additional court fee etc., upon which the Registry is directed to register the case as Writ Petition and post it for admission.