ABDUL SHUKOOR SAHIB Vs. UMACHANDER

JUDGEMENT

(1.) THE subject -matter in this Civil Revision Petition presents at once an inconvenient and a provocative situation. It is inconvenient for the reason that many of the High Courts other than our High Court excepting a single Judge of our court have taken a view different from the one we intend taking and it is provocative because this case is responsible for us to give notice to the Advocate's Association, to the Bar Association and to the Women Lawyers' Association and on the top of its request a senior counsel like Mr. K. Parasaran to be our Amicus curiae to assist us to solve out certain apparent riddles which the case confronts us with.

(2.) THE facts are very simple. The petitioner -plaintiff filed O.S. No. 518 of 1975 on the file of the Court of the District Munsif, Tirupathur, North Arcot District and contemporaneously filed I. A. No. 2382 of 1975 and sought for an ad interim temporary injunction against the respondent -defendants or their agents restraining them from interfering with his peaceful possession and enjoyment of the suit property. On 24 -11 -1975, the learned District Munsif passed an order to the following effect: "An interim injunction and notice by 20 -12 -1975". The respondents took up the matter in appeal in C. M. A. No. 72 of 1975 on the file of the Court of the Subordinate Judge of Tirupathur and filed I. A. No. 595 of 1975 therein seeking for an interim suspension of the order of interim injunction passed by the learned District Munsif. The learned Subordinate Judge, on the 29th November 1975 passed an order to the effect that the interim injunction granted in I. A. No. 2382 of 1974 in O.S. No. 518 of 1975 dated 24 -11 -1975 by the District Munsif, Tirupathur, be suspended. As against this, the present Civil Revision Petition has been filed by the plaintiff -petitioner. When the case was set for admission before our learned brother V. Ramaswami, J., the judgment of Maharajan, J., in Mangai Achi v. Asokan, 1973 -1 Mad LJ 128 was brought to his notice. The learned Judge made the following observations.

(3.) THIS leads us to an investigation into the fundamentals as to what is a judgment and what is an order and what is decree.