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1987 Supreme(Mad) 244

K.M.NATARAJAN
Susila Bai Ammal – Appellant
Versus
R. K. Sethuraman – Respondent


ORDER

K.M. Natarajan, J.

1. The unnumbered revision petition with the connected C.M.Ps. is posted before this Court for deciding as to its maintainability. The revision is filed by defendants 1 and 2 in O.S. No. 55 of 1987 on the file of the Subordinate Judge, Pondicherry, on being aggrieved by an interim order passed by the Court below in I.A. No. 891 of 1987 under Order 39, Rules 1 and 2, Civil Procedure Code read with Section 151, Civil Procedure Code. The said order runs as follows:

The interim injunction is modified and restricted against sale, mortgage or make any alteration only in the suit properties pending enquiry in the I.A. This order is without prejudice to rights of parties in the suit. Call on 13.4.1987.

The petitioners challenged the said order on the ground that the Court below erred in not considering the counter affidavit filed by the second petitioner (second defendant) while continuing the earlier Ex Parte order which was granted without giving any reasons, and that the plaintiff has no Prima Facie case for asking for injunction. As against the said order, they preferred the revision before this Court. The Office returned the papers stating that the interlocutory a



















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