SOMAVALLY Vs. APPAVU NADAR

JUDGEMENT

(1.) I had dismissed this appeal with costs on 17th October 1979. After the order was written the appellants' counsel requested that he be heard again and therefore I directed the matter to be reposted this day as to be spoken to. Since the question to be decided in this appeal arises frequently, I think it necessary to write the following in modification of the order, dated 17th October 1979.

(2.) The plaintiffs in a suit for injunction are the appellants. An interim application was filed for an injunction before the Trial Court. That was dismissed. Civil Miscellaneous Appeal No. 7 of 1979 filed against the said dismissal order is now pending before the Subordinate Judge's Court, Trivandrum. Injunction Application No. 1344(a) was filed in the said Civil Miscellaneous Appeal again for an interim injunction. That was dismissed. Miscellaneous Appeal is against that order.

(3.) The maintainability of the Civil Miscellaneous Appeal under O.43, rule l(r) of the Code of Civil Procedure falls to be considered in this appeal. This appeal is seen filed under S.104 and O.43, R.(r) of the Civil Procedure Code.