ANTHONIMUTHU NADAR Vs. OALAYAN NADAR

JUDGEMENT

(1.) These revision petitions arise out of the orders passed by the lower appellate court in CMA Nos. 77, 78 and 79 of 1952. The facts that gave rise to the above appeals are these. The counter petitioners in these CRPs filed suits in OS 173, 175 and 177 of 1952 in the Munsiff's Court of Padmanabhapuram for permanent injunction to restrain the defendants from entering the plaint schedule properties. Along with the plaints, applications were filed for interim injunction to restrain the defendants from entering possession of the plaint properties and the court passed ex parte orders of interim injunction and also directed issue of notice. From the orders issuing interim injunction the defendants filed the above C. M. Appeals to the District Court. That court passed orders returning the appeals for presentation before this court. The learned Judge does not say for what reason he has returned the appeals for presentation to this court. The learned advocate states that it was because the learned Judge was of the view that the orders are not appealable. I do not think that the view taken by the learned Judge is correct. O.43 R.1(r) provides that an order under R.1, R.2, R.4 or R.10 of O.39 is appealable. Orders of injunction passed under R.1 or R.2 of O.39 whether passed with or without notice are appealable under the above provision (Vide AIR 1933 Lah. 282 ). This court has taken the same view in the order in CRP 974 of 1951. The learned Judge is therefore wrong in thinking that the appeals are riot competent before that court and in returning the appeals for presentation to this court. The orders of the learned Judge on the above C.M. Appeals are therefore set aside. The lower appellate court will readmit the appeals to its file and dispose of them in accordance with law.