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1923 Supreme(Mad) 222

IN THE HIGH COURT OF MARAS
Sri Raja Vallanki Venkata
Versus
Sri Raja Kotagiri Subbamma Rao
Decided On : 24 July, 1923

An order on an application for an interim injunction is considered a judgment within the meaning of the Article, as its effect is to render the final judgment effective if obtained.

Headnote:

Judgment - Appeal - Single Judge Order

Fact of the Case:

The appellant sought to appeal against a single judge's order of the High Court, which was argued to not be a judgment within the meaning of the Article 15.

Finding of the Court:

The court found that an order on an application for an interim injunction is considered a judgment within the meaning of the Article, as its effect is to render the final judgment effective if obtained.

Issues: The main issue was whether the single judge's order could be appealed as a judgment within the meaning of the Article 15.

Ratio Decidendi: The court relied on previous case law and observations to determine that an order on an application for an interim injunction is indeed a judgment within the meaning of the Article.

Final Decision: The Letters Patent Appeal against the single judge's order was dismissed.

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 application, the respondent undertakes not to demolish, interfere with, or reduce the dimensions of D sluice, pending the decision of the Second Appeal, The appellant wants to be allowed to take water to the extent of 18 acres irrigated in 1327 and 1326 faslies, but the Subordinate Judge has found that he is only entitled to water for 10 acres. We do not think he should be allowed to anticipate a successful issue of the Second Appeal and in this view, the order of Krishnan, J., dismissing the Civil Miscellaneous Petition was right. The Letters Patent Appeal is dismissed.

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