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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.GOVINDARAJAN THILAKAVADI
M.B. Amarbabu, S/o.Balaramaiyar – Appellant
Versus
Rukumani (died) – Respondent
ORDER :
K. GOVINDARAJAN THILAKAVADI, J.
This Civil Revision Petition has been filed against the docket order dated 14.08.2024 passed by the Principal District Munsif Court, Kumbakonam, in I.A.No.308 of 2019 in O.S.No.154 of 2019.
2. The facts of the case are that the revision petitioner, as plaintiff, filed the above suit in O.S.No.154 of 2019 before the Principal District Munsif Court, Kumbakonam, for a permanent injunction and for a mandatory injunction against the respondents/defendants; that at the time of filing the suit, the revision petitioner/plaintiff filed an application under Order 39, Rules 1 to 3 of the CPC for an interim injunction; that the trial court, by its order dated 02.04.2019, granted an ex parte interim injunction, which was extended up to 14.08.2024; and that on 14.08.2024, the trial court passed the following orders:
“I.A.No..326/24, I.A.329/24 in O.S.No.154/19 -Counter of R1 to R3 and R5 adjourned call on 22.08.2024 I.A.377/21 in O.S.No.154/19 - Respondent side enquiry adjourned call on 22.08.2024 I.A.308/19 in O.S.154/19-I.O. extended memo not filed. Hence I.O. not extended. I.A.s are pending call on 22.08.2024 Steps for 1st Defendant call on 22.08.2024. Now
The trial court erred by not extending the interim injunction without assessing the merits of the case, necessitating correction under Article 227.
The court upheld that a judicial decision must align strictly with the relief sought by the party, reinforcing limitations on judicial discretion.
Stay of trial does not prevent continuation of supplemental proceedings, including injunction applications, according to the principles established in precedents.
An appeal against an order declining a temporary injunction is maintainable if the order is made after hearing both parties, as per the CPC.
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