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1923 Supreme(Mad) 222

Sri Raja Vallanki Venkata – Appellant
Versus
Sri Raja Kotagiri Subbamma Rao – Respondent


JUDGMENT

1. It is argued that no appeal lies against the order of a single judge of the High Court on the ground that Krishnan, Js order is not a judgment within the meaning of the Article 15. We think we should be guided by the observations of the learned Chief Justice, Sir Arnold White, in Tuljamm Rao v. Alagappa Chettiar [1910] 35 Mad. 1, that an order, on an application for an interim injunction, is a judgment, within the meaning of this Article, as its effect is to render the final judgment effective, if obtained. This decision was recently cited with approval by our present Chief Justice, in L.P.A. No. 3 of 1923 : Vairatan Chettiar v. Ramanathan Chettiar [1921] 14 L.W. 701 and Srimanthu Yarlagadda Durga Prasada Nayudu v. Srimanthu Raja Yalagadda Mallikarjuna Prasad Nayudu [1901] 24 Mad. 358, were oases of orders passed in execution and do not directly affect the question before us, nor diminish the authority of the case reported in Tuljamm Row v. Alagappa Chettiar [1910] 35 Mad. 1. It may be noted that Ramesam, J., was a party both to the case reported in Vairavail Ghettiar v. Ramanathan Chettiar [1921] 14 L.W. 701 and L.P.A. No. 3 of 1923.

2. As to the merits of this applicati

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