M.P.JAYASEKAR Vs. R.ROBINSON

JUDGEMENT

(1.) FIRST defendant in O.S.No.3604 of 2012 on the file of the XVI Assistant Judge, City Civil Court, Chennai is the revision petitioner.

(2.) THE first respondent/plaintiff filed the above suit for declaration that the election held for the post of Church Committee Members to the CSI Church, Thottavaram, Kanniyakumari District held on 19.2.2012 as null and void and for permanent injunction restraining defendants 5 and 6 who are respondents 5 and 6 herein from permitting the revision petitioner and other elected members of CSI Church, Thottavaram to participate in the Church Committee Meeting and for permanent injunction restraining the defendants from removing the membership of the first respondent/plaintiff in the CSI Church, Thottavaram. In that suit, the first respondent/plaintiff also filed application in I.A.No.8689 of 2012 for temporary injunction and also prayed for ad interim temporary injunction and the same was granted restraining respondents 5 and 6 from permitting the first defendant viz., the revision petitioner from participating in the Church Committee Meeting of the Diocese and Council Meeting and the order passed in I.A.No.8689 of 2012 in O.S.No.3604 of 2012 is challenged in this revision.

(3.) ON the other hand, learned counsel for the first respondent/plaintiff submitted that the revision is not maintainable and the only course available to the revision petitioner is to approach the court below for modifying the order vacating the order of injunction and without resorting to the same, the revision filed before this court is not maintainable.