M.THANARAJ Vs. M.ALAMELU

JUDGEMENT

(1.) This Civil Revision Petition is filed against an exparte order of interim injunction granted in I.A. No. 7 of 2011 in O.S. No. 4 of 2011 by the learned District Munsif, Coimbatore. The petitioners are the first and third defendants in the above said suit filed by the first respondent herein. The said suit is one for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property. Pending disposal of the above said suit, the plaintiff sought for interim injunction. The Court below by an order dated 3.1.2011 granted an exparte interim injunction till 19.1.2011. The said order is challenged before this Court on the ground that while granting exparte interim injunction, the Court below has not assigned any reason for granting such exparte order. It is the contention of the petitioners before this Court that such order granted exparte without assigning any reason is not valid and therefore they seek this Court to set aside the said order. At the time of ordering notice to the respondents on 7.1.2011, this Court granted interim stay as prayed for and the said order is still in force.

(2.) Learned counsel appearing for the petitioners submitted that the exparte order of interim injunction granted by the Court below is not in accordance with law and the Court below has not taken note of any of the facts and circumstances of the case and assigned any reason justifying the exparte order of injunction.

(3.) Per contra, Mr. Silambanan, learned Senior Counsel appearing for the respondents supported the order of the Court below by contending that the learned Judge has noted that there was a prima facie case in favour of the plaintiff and that the balance of convenience was also in her favour.