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1952 Supreme(Ker) 65

GANGADHARA MENON
Anthonimuthu Nadar – Appellant
Versus
Oalayan Nadar – Respondent


Judgment :-

1. These revision petitions arise out of the orders passed by the lower appellate court in C.M.A. Nos. 77, 78 and 79 of 1952. The facts that gave rise to the above appeals are these. The counter-petitioners in these C.R.Ps. filed suits in O.S. 173,175 and 177 of 1952 in the Munsiff's Court of Padmanabhapuram for permanent injunction to restrain the defendants from entering the plaint schedule properties. Along with the plaints, applications were filed for interim injunction to restrain the defendants from entering possession of the plaint properties and the court passed exparte orders of interim injunction and also directed issue of notice. From the orders issuing interim injunction the defendants filed the above C. M. Appeals to the District Court. That court passed orders returning the appeals for presentation before this court. The learned judge does not say for what reason he has returned the appeals for presentation to this court. The learned advocate states that it was because the learned judge was of the view that the orders are not appealable. I do not think that the view taken by the learned judge is correct. Order XLIII, Rule 1 (r) provides that an order under

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