LAWS(MAD)-2010-3-330

UNITED PLANTATION LTD Vs. N ARULRAJ

Decided On March 08, 2010
UNITED PLANTATION LTD.,A PRIVATE LIMITED COMPANY Appellant
V/S
N. ARULRAJ Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed, against the order, dated 05.11.2009, made in Interlocutory Application No.64 of 2009, in Original Suit No. 30 of 2009, on the file of the District Munsif Court, Gudalur.

(2.) IT is seen that Interlocutory Application in I.A.No.64 of 2009, had been filed by the first respondent, under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908, seeking an order of interim injunction till the disposal of the suit. The trial Court, had passed an order on 05.11.2009, granting an order of interim injunction, as prayed for by the applicant, stating that the balance of convenience is in favour of the applicant therein and that irreparable loss will be caused, if such an order is not granted in favour of the petitioner.

(3.) AT this stage of the hearing of the Civil Revision Petition, the learned counsel appearing on behalf of the petitioners had submitted that the petitioners may be permitted to file an appeal against the order, dated 05.11.2009, made in Interlocutory Application No.64 of 2009,in Original Suit No. 30 of 2009, on the file of the District Munsif Court, Gudalur . In such circumstances, this Civil Revision Petition is dismissed as not maintainable. However, it is made clear that it goes without saying that it would be open to the petitioners to prefer an appeal against the order, dated 05.11.2009, made in Interlocutory Application No.64 of 2009, before the appropriate forum, in the manner known to law. The Registry is directed to return the fair and decreetal order made in I.A.No. 64 of 2009, in Original Suit No.30 of 2009, to the learned counsel for the petitioner, if it is substituted by a certified copy of the said order.