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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
Selvaraju Duraisamy – Appellant
Versus
Radiance Icon Owners Association (Rioa), – Respondent
| Table of Content |
|---|
| 1. maintainability of civil revision petitions. (Para 1 , 2) |
| 2. registry's role in assessing maintainability. (Para 3 , 4 , 5) |
| 3. proceedings in court regarding revision. (Para 6 , 7) |
| 4. consideration of interim injunction applications. (Para 8 , 14) |
| 5. underlying issues pertaining to membership and rights. (Para 9 , 10 , 11 , 12) |
| 6. final directive regarding agm and injunction. (Para 13 , 15 , 16) |
ORDER :
This civil revision petition challenges the order passed by the learned XXI Additional City Civil Court, Chennai, in I.A.No.10 of 2024 in O.S.No.2093 of 2024 dated 12.12.2024.
2. The revision came up for maintainability before me. As I.A. No. 10 of 2024 is an application under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, the Office entertained a doubt regarding the maintainability of the revision, as an appeal can be presented under Order XLIII, Rule 1 (r) of the Code of Civil Procedure.
3. The learned Counsel for the Petitioner, Mr.Ralph Manohar, relied upon a Judgment of Hon'ble Mr. Justice R.Subramanian in C.R.P.SR. Nos. 109971 and 111067 of 2021, dated 06-12-2021, whereby, the learned Judge had held that the Registry cannot raise an issue of maintainabili
A revision petition challenging an interim injunction is maintainable despite pending decisions, and an AGM resolution related to the petitioner should be deferred until the injunction application is....
Judicial orders must maintain consistency; once signed by a judge, an order cannot be rescinded without legitimate reasons, ensuring lawful procedural conduct in civil matters.
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
A dissolved entity cannot maintain a suit as per the Insolvency and Bankruptcy Code, rendering any orders passed by a court lacking jurisdiction illegal.
The court's decision was based on the interpretation of Section 115 of the Code of Civil Procedure, 1908, and the arguments regarding the maintainability of the suit under Section 92 of the same code....
The principle of res judicata applies to repeated applications under Order 7, Rule 11 CPC, prohibiting the re-raising of previously dismissed objections, ensuring judicial efficiency.
Point of law: Termination of contract - petitioner has failed to issue statutory notice under Section 125 of the Karnataka Co-operative Societies Act, 1959 to defendant No.l and therefore plaint was ....
A party aggrieved by an ex parte injunction must seek to vacate it in the Trial Court before applying to a higher court, reinforcing proper legal procedure.
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