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2005 Supreme(Mad) 627

MARKANDEY KATJU, FAKKIR MOHAMED IBRAHIM KALIFULLA
S. N. J. Abdul Hakeem & Others – Appellant
Versus
Assisrathul Musthakeem Etheemkhana Trust & Others – Respondent


Advocates Appeared: For The Appellants :T.R. Rajagopalan, Senior Counsel for C. Ravichandran. For The Respondents:R1, AR.L. Sundaresan, Advocate, R2 to R4, V. Raghupathy, Govt. Pleader.

Judgment :-

The Hon’ble Chief Justice:

This writ appeal has been filed against the impugned order of the learned single Judge dated 21.03.2005. We have heard learned counsels for the parties and perused the record.

2. It appears that a temporary injunction dated 09.08.2004 was granted by the learned District Munsif, Perambalur in Interlocutory Application No.282 of 2003 in O.S.No.73 of 2003. Thereafter, a writ petition was filed in this Court to give adequate police protection to the writ petitioner for effective implementation of the aforesaid interim injunction. That writ petition has been allowed by the impugned order of the learned single Judge, and hence the present writ appeal.

3. We are of the opinion that the impugned order cannot be sustained. When a temporary injunction order is passed in a suit by a civil Court under Order 39 Rule 1 of the Code of Civil Procedure and it is not complied with, the remedy of the plaintiff is either to apply under Order 39 Rule 2A of the C.P.C. or under Section 151 of the C.P.C., and certainly not to approach this Court under Article 226 of the Constitution of India. The High Court is not an executing Court, vide Ghan Shyam Das Gupta Vs. Anant













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