V RADHAKRISHNAN Vs. V CHANDRASEKHAR; V RENGARAJ; VIJAYAKUMARI

JUDGEMENT

(1.) This civil revision petition is filed against an exparte order of injunction in I.A.No.6516 of 2013 in O.S.No.2366 of 2013. While granting the exparte interim injunction, the court below has also recorded some reasons for granting such exparte injunction. The court below has directed the petitioner therein to comply with Order 39 Rule 3(a) and (b) of C.P.C. and posted the matter on 03.06.2013.

(2.) Since it is an exparte order of interim injunction, the petitioner is always left with remedy to go before the trial court and file appropriate application seeking for vacating the interim order by establishing the facts and circumstances. Instead of doing so, the present civil revision petition is filed before this Court. In my considered opinion, it is not maintainable. Accordingly, the civil revision petition is dismissed with liberty to the petitioner to approach the trial court by filing counter or appropriate application seeking for vacating the interim order. As and when any such counter or application is filed, it is for the court below to take up the interim application and pass orders on the same on merits without any further loss of time.

(3.) Now, the learned counsel appearing for the petitioner also submits that the petitioner will file his counter on 12.06.2013, when the matter is to be taken up by the trial court. As and when any counter is filed by the petitioner herein, the court below will take up the interim application and pass orders on merits and in accordance with law within a period of three weeks, after hearing both sides.