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1995 Supreme(AP) 278

Andhra Pradesh High Court
Judges : Y.V.NARAYANA
C.Nagarathnamma - Appellant
Versus
District Panchayat Officer, Chittoor and others - Respondent
Decided On : 06-19-95

Headnote:CODE OF CIVIL PROCEDURE, Sec 151(2) and Or,39, Rule 1 read with Sec151 and Or43, Rule1 (r) - Order of trial court vacating interim injunction granted earlier in a pending suit for injunction against defendant - Revision preferred to High Court· against order of trial court - Not maintainable Only appeal lies under Or43, Rule 1(r)

Y. V. NARAYANA, J.

( 1 ) THIS revision petition is filed by the plaintiff in O. S. No. 829 of 1994 on the file of the Prl. District Munsif, Tirupathi against the order dated 20-4-1995 made in I. A. , No. 1913 of 1994 filed for grant of injunction restraining the defendants -- respondents to implement the Resolution No. 24/94 and in consequence cancellation Notice No. 5/94 dated 20-12-1994 of the fourth respondent.

( 2 ) THE facts leading to filing of this revision petition, in brief, are as under : The petitioner -- plaintiff filed the suit for a declaration, stay, injunction and for assessment of the reduced parking charges Of Rs. 8. 00 for auto from 9-5-1994 to 31-3-1995. Initially a temporary injunction was granted in the said I. A. After perusing the documents filed in the said I. A. and after hearing the learned counsel for both parties, the learned munsif vacated the interim injunction granted earlier and dismissed the said I. A. Aggrieved by the same the petitioner-plaintiff filed the present revision.

( 3 ) ALONG with the main revision petitioner, the petitioner also filed C. M. P. No. 6763 of 1995 for grant of stay of the operation of the order dated 20--4-1995 passed by the learned Munsif in I. A. No. 1913/94 in O. S. No. 829/94. When the matter came up for admission, notice before admission was ordered on 28-4-1995. Interim stay was also granted on the same day. After service of notice, the fourth respondent herein filed counter to the said I. A. and also filed C. M. P. No. 7052/95 to vacate the interim stay granted earlier on 28-4-1995.

( 4 ) WHEN the petition C. M. P, 7052/95 came up for hearing, learned counsel for both parties agreed to hear the main revision petition itself. Accordingly arguments were heard in the main revision petition.

( 5 ) THE learned counsel for the fourth respondent mainly contended that the revision petition itself is not maintainable as an appeal lies against the order impugned in this revision. In support of his contention he relied on the decision of this Court reported in H. R. Shenoy v. M. Murali Krishna, (1990) 1 ALT 336 : (AIR 1990 NOC 122) wherein this Court, after an elaborated discussion on the issue, held that the order granting interim injunction or temporary injunction pending final orders on the injunction petition filed under Order 39 Rule 1 read with Section 151 of the Code of Civil Procedure is only an appealable order under Order 43, Rule 1 (r) of the Code of Civil Procedure, but not revisable under Section 115 of the Code of Civil Procedure or under Article 227 of the Constitution of India and Section 115 (2) of the Code of Civil Procedure places a clear embargo against an order against which an appeal lies either to the High Court or to any Court subordinate to it.

( 6 ) IN view of the decision referred to supra, I hold that the present Civil Revision Petition is not maintainable against the order impugned. I see no merits in this revision and the same is accordingly dismissed at the stage of admission itself. No order as to costs.

( 7 ) PETITION dismissed.

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