IRIN STEPHAN Vs. J MUSAFARGANI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the Order dated 25.02.2008 made in I.A.No.3252 of 2008 in O.S.No.1244 of 2008 on the file of the IV Assistant Judge, City Civil Court, Chennai.

(2.) THE facts are as follows:THE defendants in O.S.No.1244 of 2008 are the petitioners before this court. THE respondent/plaintiff filed O.S.No.1244 of 2008 on the file of the IV Assistant Judge, City Civil Court, Chennai, against the revision petitioners herein, praying for a judgment and decree and for a permanent injunction restraining the defendants in the suit from interfering with the plaintiff's peaceful possession and enjoyment of the portions of the property situated at Old No.2/New No.3 Kummallamman Koil Street, Kilpauk, Chennai 10. Along with the suit, the respondent herein, as plaintiff filed I.A.No.3252 of 2008 under Order 39 Rule 1 & 2 of C.P.C. for a temporary injunction. THE trial court by order dated 25.02.2008, granted ad-interim injunction till 4.3.2008 and aggrieved by the same, the defendants in the suit filed the above revision petition under Article 227 of the Constitution of India.

(3.) PER contra, the learned counsel for the respondent contends that the Civil revision petition itself is not maintainable as the revision petitioners have an effective alternative remedy of approaching the trial court by filing a vacate stay petition and therefore, this court cannot entertain the revision petition under Article 227 of the Constitution of India. In support of his submission, the learned counsel for the respondent relied on the following decisions: 1. A.I.R 1954 SC 215 (Waryam Singh and another Vs Amarnath and another)2.1977(2) SCC 437 (Trimbak Gangadhar Telang and another Vs Ramchandra Ganesh Bhide and others)3. A.I.R.2000 SC 3032 (A.Venkatasubbiah Naidu Vs Chellappan and others)4.2003(6) SCC 641 (STATE Through Special Cell New Delhi Vs Navjot Sandhu alias Afshan Guru and others)5. (2006)12 SCC 148 (Anil Kumar Vitthal Shete and others Vs State of Maharashtra and another).