MIDCHE LINGE GOWDA Vs. CHANNAMMA

JUDGEMENT

(1.) This revision petition is directed against the order passed on 6-6-1973 by the Civil Judge, Mandya, in M.A.No.23 of 1973.

(2.) The petitioners are defendants 2 to 4 in O.S. No.184 of 1973 lying on the file of the Munsiff, Mandya. 1st respondent is the plaintiff and the 2nd respondent is defendant 1. The parties to this petition will be referred as plaintiff and defendants 1 to 4 in the course of this order. The few facts necessary for a decision in this petition may be narrated briefly as follows : The plaintiff filed the above-mentioned suit on 20-3-1973 praying for issue of permanent injunction against all the defendants. Along with the plaint, she filed I.A. No.I under Or.39, R.1 of the CPC praying for issue of temporary injunction pending disposal of the suit. On 20-3-1973 itself, the plaintiff requested the Munsiff to grant ad interim injunction, but as the records show, the learned Munsiff thought it fit to issue notice to the defendants as provided in R.3 of Or.39 CPC. The defendants appeared through their Counsel by 19-4-1973 and filed their written statements and objections to I.A. No.I. The proceedings of the Munsiff for that day disclose that defendants were heard. Then the Munsiff recorded the following in the order-sheet.

(3.) It is this order that the plaintiff challenged in appeal in the Court of the Civil Judge, Mandya. The learned Civil Judge after entertaining the appeal and hearing both sides, has held that there was ample material before the Munsiff to enable him either to pass a temporary injunction order or to reject I.A.No. I and the Munsiff ought to have applied his mind and exercised his discretion in regard to that aspect of the matter, but the Munsiff has failed to do so and, therefore, it was just that the appeal was to be allowed and the injunction order was to be issued. It is this order of the Civil Judge that is challenged in this petition.