K R PRABHAKAR Vs. P R SRINIVASALU

JUDGEMENT

(1.) This Writ petition is directed against the Order of the learned Munsiff, Chitradurga, passed on I. A. No. I in O. S. No. 252/1981. That order is dt. 15-7-1981. The Original Suit came to be filed by the 1st respondent herein seeking an order of restraint by way of permanent injunction preventing the 2nd respondent from granting licence to the petitioner to carry on the business in the name and style of 'Parimala Condiments' in in Hiriyur Town and to restrain the 1st respondent if the licence has already been granted from carying on the business. Pursuant to the final relief sought for in the suit, I. A. No.1 was filed seeking temporary stay of trance granted, if any when the application for temporary sty was argued as is clear from the order of the learned Munsiff, the licence had been issued and also cancelled. It is in that circumstance, he came to the conclusion that the plaintiff before him had made out a prima facie case for grant of stay. Aggrieved by the same, the petitioner has approached this Court under Arts. 226 and 227 of the Constitution.

(2.) This Court does not interfere under Arts, 226 and 227 of the Constitution in respect of interlocutory orders passed in Civil Proceedings on the file of a competent" Civil Court having jurisdiction. It is equally true that this Court will interfere if the Civil Suit has already been entertained by that Court, when there is a total lack of jurisdiction for that Court to entertain a Civil Suit. The petitioner in this case has neither pleaded that the learned Munsiff has no jurisdiction to try the suit nor has he sought for any relief in that behalf.

(3.) The order impugned is subject to correction either under the appellate jurisdiction or under the revisional jurisidiction of this Court or other Courts depending upon the nature of the order passed. Not pursuing that remedy, the petitioner cannot invoke the writ jurisdiction under Act. 226 of the Constitution to interfere with the proceedings of a Civil Court.