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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Secretary, Vgn Sfowa Vgn Stafford – Appellant
Versus
P. Shankar Ganeshan, S/o. S. Pandiarajan – Respondent
| Table of Content |
|---|
| 1. parties involved in the dispute. (Para 1 , 2) |
| 2. dismissal of petition with liberty to seek remedy. (Para 3 , 4) |
ORDER :
S. SOUNTHAR, J.
This civil revision petition is filed challenging the docket order passed by the Trial court dated 04.09.2025, granting ad-interim injunction against the petitioner and ordering notice in the injunction application.
2. The respondents/plaintiffs filed a suit in O.S.No.263 of 2025 seeking permanent injunction restraining the petitioner/defendant from collecting maintenance fee not more the amount fixed by the Annual General Meeting held on 29.10.2023 and also restraining the petitioner/ defendant from disturbing their peaceful possession and enjoyment of the amenities like water connection, electricity supply, DG services etc. Pending suit, the respondents also filed an interlocutory application in I.A.No.4 of 2025 seeking interim injunction against the petitioners. After hearing the respondents, the Trial Court was pleased to grant exparte ad-interim injunction and ordered notice to the petitioner. The respondents were also directed to comply with Order 39 Rule 3(a) and (b) of CPC and that order is subject matter of the attack in thi
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.
The trial court erred by not extending the interim injunction without assessing the merits of the case, necessitating correction under Article 227.
Point of law: Hon’ble Supreme Court as well as various Courts while interpreting power under Section 151 CPC has held that when no specific provision is there, under which, relief can be granted, the....
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