Availability of appellate remedy under the Civil Procedure Code for challenging ex parte orders of injunction.

1. This civil revision petition has been filed against the order, dated 30.4.2009, in I.A.No.525 of 2009, in O.S.No.297 of 2009, on the file of the District Munsif Court, Alandur.

2. The petitioner in the present civil revision petition is the defendant in the suit, in O.S.No.297 of 2009. The respondent had filed the suit praying for a decree of permanent injunction restraining the petitioner and others from, in any manner, interfering with the plaintiffs peaceful possession and enjoyment of the suit properties, described in schedules `A and `B of the plaint and for costs.

3. It has been stated that, originally, the petitioner had purchased the property bearing Door Nos.1/37, 1/53 and 1/53A, Officers line, Pallavaram Cantonment, Pallvaram, Chennai, situated in R.S.Nos.179 and 180, by way of two separate sale deeds, dated 12.3.1996 and 8.4.1996, from the Madras Christian Children Home, which is a society, represented by V.A.George. From the date of its purchase, the petitioner has been in possession and enjoyment of the said property.

4. It has been further stated that in the month of October, 2001, when the respondent had attempted to trespass into the petitioners property he had filed a civil suit. Later, the said suit had been transferred to the file of the District Munsif Court, Tambaram, and numbered as O.S.No.201 of 2003. The petitioner had sought for a decree of permanent injunction against the respondent, restraining him from entering the suit property.

5. In the meantime, the respondent had filed two suits against the petitioner challenging the sale deeds, dated 12.3.1996 and 8.4.1996, through which the petitioner had purchased the property in question. The said suit had been transferred to the file of the District Munsif Court, Tambaram, and it was numbered as O.S.Nos.202 and 203 of 2003.

6. All the three suits were taken up for joint trial and evidence was recorded. The suits had been dismissed by the learned District Munsif, Tambaram, on 27.11.2008. While so, the respondent had filed another suit, in O.S.No.297 of 2009, before the District Munsif Court, Alandur, by suppressing the fact that the earlier suits filed by him, in O.S.Nos.202 and 203 of 2003, had already been dismissed.

7. After obtaining an ex parte order of ad interim injunction, on 30.4.2009, in I.A.No.525 of 2009, in O.S.No.297 of 2009, clandestinely, the respondent and his men had entered the suit property and took possession of the same. They had damaged the materials belonging to the petitioner’s lessee, worth several lakhs of rupees. In such circumstances, the petitioner has filed the present civil revision petition, to set aside the ex parte order of the learned District Munsif, Alandur, dated 30.4.2009, made in I.A.No.525 of 2009 in O.S.No.297 of 2009.

8. The learned counsel appearing on behalf of the petitioner had submitted that the order of ad interim injunction granted by the learned District Munsif, Alandur, dated 30.4.2009, in I.A.No.525 of 2009, is arbitrary and illegal. The ex parte order obtained by the respondent through fraud, suppression of material facts and by abuse of the process of the Court, cannot be sustained in the eye of law. The respondent had obtained the ex parte order, without disclosing the fact that the previous suits filed by him, in O.S.Nos.202 and 203 of 2003, before the District Munsif Court, Tambaram.

9. The interim order obtained by the respondent, by fraudulent means, cannot be allowed to continue, as it is causing irreparable loss and harm to the petitioner and his lessee. It has also been stated that, after obtaining the ex parte interim order, the respondent and his men had trespassed on the property, which was under the occupation and possession of the petitioner, and they had damaged goods and materials, worth more than Rs.1.25 crores, which were under hypothecation with the Union Bank of India, Nungambakam Branch. The respondent and his men were also causing serious and irreparable damage to