KANNA BELCHADA Vs. RAMAPPA POOJARY

JUDGEMENT

(1.) This petition under S.115, is by defendant 1 challenging the interim injunction granted against him in OS. 194 of 1975. Respondent 1 filed the said suit in the Court of the Munsiff at Buntwal, S.Kanara Dist for permanent injunction restraining the defendants from interfering with his alleged possession and enjoyment of the plaint A schedule properties. The plaint A schedule properties consist of (1) S No. 102/1A, wet, measuring 48 cents and (2) S.No.102/1A, portion, wet, measuring 58 cents.

(2.) The plaint was presented on 7-8-1975. On the same day, the plaintiff moved the trial Court for a temporaryy injunction. The learned Munsiff granted the prayer in the following terms :

(3.) The sole contention urged for the petitioner is that the injunction order was without jurisdiction as it was contrary to S.4 of the "Karnataka Act 31 of 1974. Counsel for respondent 1, however, submits that the revision petition is not maintainable. Before I consider the contention urged for the petitioner, it is necessray to dispose of the preliminary objection Sec. 115 confers revisional jurisdiction on this Court. "This Court may ran for the record of any case, which has been decided by any Court subordinate and in which no appeal lies thereto, and if such subordinate Court appears (a) to have exercised a jurisdiction not vested in it by law and (b) ....." (Rest omitted) It is urged that the order impugned is appealable under Or.43, R.1(r), CPC and therefore no revision lies to this Court.