N LATHA Vs. MR M NATARAJAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order, dated 16.04.2009, made in I.A.NO.3843 of 2009, in O.S.No. 2097 of 2009, on the file of the XII Assistant Judge, City Civil Court, Chennai.

(2.) THE petitioners had filed the suit, in O.S.No.2097 of 2009, on the file of the XII Assistant Judge, City Civil Court, Chennai, praying for a permanent injunction restraining the fifth defendant therein and others claiming through them, from bringing the property, morefully described in item No.1 of the schedule annexed to the plaint, to auction. THE petitioners had also filed an interlocutary application in I.A.No.3843 of 2009, in O.S.No.2097 of 2009, praying for an order of interim injunction restraining the defendants and others claiming through them, from bringing the suit property to auction. Eventhough an order of interim injunction, as prayed for by the petitioner, had been granted by the trial Court, by its order, dated 26.03.2009, the trial Court, by an order, dated 16.04.2009, had stated that the interim injunction already granted by the court was not being extended, any further.

(3.) IN view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court finds that the order passed by the learned XII Assistant Judge,City Civil Court, Chennai, dated 16.04.2009, in I.A.No.3843 of 2009, is an appealable order, as per the provisions of the Order 43 Rule 1 of the Civil Procedure Code, 1908. Therefore, the present Civil Revision Petition is not maintainable. Hence, it stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.