LAWS(MAD)-2023-2-54

P. SIVARAJ Vs. LAKSHMI MACHINE WORKS LTD,

Decided On February 02, 2023
P. Sivaraj Appellant
V/S
Lakshmi Machine Works Ltd, Respondents

JUDGEMENT

(1.) The civil revision petition filed against the fair and decreetal order passed in C.M.A.No.4 of 2019 dtd. 25/7/2022 reversing the order and decreetal order dtd. 15/4/2019 passed in I.A.No.1418 of 2017 in O.S.No.320 of 2017.

(2.) The revision petitioner is the defendant in O.S.No.320 of 2017, which was instituted by the respondents for permanent injunction. The Trial Court declined to grant interim injunction in the Interlocutory Application filed along with the Suit. The respondent herein preferred C.M.A.No.4 of 2019 against the order of dismissal passed by the Trial Court and the Appellate Court granted interim injunction against which the present civil revision petition is preferred.

(3.) The revision petitioner also filed another Suit in O.S.No.312 of 2017 for the relief of permanent injunction, which is also pending. Both the Suits are ripe for trial and the learned counsel for the respondent brought to the notice of this Court that the trial had commenced and listed for hearing on 14/2/2023. Thus, it is for the parties to proceed with the trial and establish their respective cases on merits and in accordance with law. The injunction was granted by the Appellate Court on 25/7/2022, which is in force for the past about seven months and under these circumstances, this Court is not inclined to interfere with the order leaving open the merits raised between the parties for adjudication in the Suit.