P RANGANATHAN Vs. SAI JAGANNATHAN

JUDGEMENT

(1.) O. A. No. 123 of 1995 is an application for injunction in which the applicant has stated that the suit is one for permanent injunction restraining the defendants from interfering with the applicants possession and enjoyment of the suit properties and the respondents who have no manner of right whatsoever in respect of the properties and who are not in possession of the properties, are attempting to commit trespass into the suit properties and therefore, interim injunction has to be granted.

(2.) INTERIM injunction was granted when this application was moved on 10. 2. 1995 for a period of four weeks. The said order was subsequently modified to the effect that status quo as on 24. 2. 1995 has to be maintained. The respondents have filed Appln. No. 1071 of 1995 for vacating the ex parte order of injunction and Appln. No. 1072 of 1995 for interim suspension of the ex parte order of injunction.

(3.) IN the result, Appln. No. 1234 of 1995, Appln. No. 1071 of 1995 and Appln. No. 1072 of 1995 are ordered as follows: On the preliminary point as to whether the suit is maintainable in this Court, it is held that the suit is not maintainable. Without going into the rival contentions of the applicants and the respondents in these three applications interim injunction already granted is vacated and the plaint is ordered to be returned to the plaintiffs for presentation, in proper court. Time one month. No costs. .