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1954 Supreme(Mad) 60

SUBBA RAO, PANCHAPAKESA AYYAR
Balakrishna Industrial Works – Appellant
Versus
C. S. Venkatachari – Respondent


Advocates:
S.K. Ahmad Meeran and M. Khaja Mohideen for Appellant.
Sundararajan and Sivaswami, V.T. Rangaswami Aiyangar and K. Kalyanasundaram for Respondents.

Subba Rao, J.-

This is a Civil Miscellaneous Appeal against the order of the City Civil Judge dismissing an application filed by the appellant for temporary injunction. The appeal was filed on 25th January, 1954, but it was not accompanied by a decretal order. Along with the appeal, an application was filed for dispensing with the production of the decretal order. Basheer Ahmed Sayeed, J., by an order, dated 27th January, 1954, dispensed with the production for the time being, on the appellant undertaking to produce the same within six weeks. The same learned Judge made an order issuing a temporary injunction pending disposal of the Civil Miscellaneous Appeal. The respondent filed a Letters Patent Appeal against that order, and a Divisional Bench of this Court, consisting of Chief Justice and Umamaheswaram, J., suspended the order made by Basheer Ahmed Sayeed, J., but directed the above Civil Miscellaneous Appeal and the Letters Patent Appeal to be posted before a Bench, to-day, and it is accordingly posted before us.

Learned counsel appearing for the respondent contends that the C.M.A. is not maintainable, as the memorandum of appeal was not accompanied by a decretal order. In suppo















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