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2005 Supreme(Mad) 247

PRABHA SRIDEVAN
Enercon (India) Ltd. – Appellant
Versus
J. T. Micheal Anjalo – Respondent


Advocates Appeared:
Mr. R.S. Ramanathan, Advocate for Petitioner. Mr. P. Jeyapaul, Advocate for Respondents.

Judgment :

1. This revision has been filed under Article 227 of the Constitution India for striking off the suit in O.S.No.288 of 2004 from the file of the District Munsif, Valliyur, on the ground that the suit is not maintainable.

2. The respondents 1 & 2 filed the above suit for an interim injunction, restraining the third respondent from alienating the suit property till the sale agreement is subsisting and restraining the petitioner from commissioning the wind energy electrical generator. Pending suit, respondents 1 and 2 prayed for an interim injunction, restraining the petitioner from commissioning the Wind Mill mentioned above. The Court below gave an interim injunction only with regard to operation of the wind generator. Against this the petitioner herein has filed this revision without filing an appeal which is there remedy against an order passed in an application under Order 39, Rules 1 & 2 and 151 of the Civil Procedure Code.

3. The learned counsel appearing for the petitioner would submit that though there is an appeal remedy, the petitioner have not availed of it because the suit itself is an abuse of process of law and must be struck off from the file. According to t








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