An order of attachment as an interim measure may not be considered a final judgment and may be revocable.

D.MURUGESAN, J. The appellant is the third respondent in Application No.4239 of 2010 in C.S.No.126 of 2010 filed by the first respondent/plaintiff to punish the appellant herein for disobeying the order of this Court.

2. The appeal arises under the following circumstances. The first respondent herein filed the above said suit for a declaration declaring that he is the absolute owner of the schedule property and for a further declaration declaring that the business namely AUTOLINKS, a manufacturing unit of Auto components, absolutely belongs to the first respondent/plaintiff and consequently, injunct the first defendant/second respondent, namely, G.Nalini, from interfering or dealing with the assets and functioning of the said concern. Pending the suit, he also filed two applications, viz., Application No.146 of 2010 and Application No.147 of 2010. Application No.146 of 2010 was filed for an ad-interim injunction restraining the appellant and respondents 2 and 3 herein, their men, agents, servants or anyone acting on their behalf from in any way sell or alienate, encumber or deal with the schedule property. Application No.147 of 2010 was for an order of interim injunction restraining the second respondent, her men, agents, servants or anyone acting on their behalf from in any way interfering with the affairs of the business namely AUTOLINKS. Both these applications were ordered on 11.02.2010. The appellant, who was the third respondent in the above applications, filed Application No.5170 of 2010 seeking for vacating the interim injunction granted in favour of the first respondent/plaintiff. While that application was pending, the first respondent/plaintiff filed Application No.4239 of 2010 to punish the appellant herein for disobeying the order of injunction by imposing attachment of the property and also detaining him in civil prison.

3. By order dated 29.07.2010, the learned Judge directed as follows:-" That the immovable property morefully set out in the schedule hereunder, belonging to the 3rd respondent herein, shall stand attached and the same do remain under attachment until further orders of this court. 2. That 2 copies of this order to be transmitted to the City Civil Court, Madras for effecting the attachment, and the said court do cause the said immovable property to be attached, and communicate the effect of such attachment within the Sub-Registrar District of Virugambakkam and Registration District of South, Chennai within the local limits of whose jurisdiction the whole or any part of the immovable property is situated. 3. That the Registry be and is hereby directed to post the matter before the Master for recording evidence.

4. That the Recording of evidence shall be completed on or before 05.10.2010 and thereafter the matter shall be posted before this court." 4. The above order is questioned in this appeal on the ground that though the order of injunction further directed the first respondent/plaintiff to comply with Order 39 Rule 3 CPC, which is mandatory, the same has not been complied with and therefore, the first respondent/plaintiff cannot maintain an application seeking for punishment on the ground that the injunction order had been disobeyed. Hence, the learned Judge ought not to have entertained the application for punishing the appellant. He would also submit that in any case, the learned Judge ought not to have ordered attachment of the property, as by virtue of that order, the right of other flat owners is deprived and further, the construction of a new superstructure for other flat owners is stalled. Learned senior counsel would furhter submit that when a petition seeking for vacation of interim injunction was pending, the learned Judge ought to have first disposed of that application rather entertaining an application for contempt. Hence, on the above grounds, the order is liable to be set aside.

5. The appeal is opposed on the grounds that the appeal is not maintainable, as by the order