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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 :
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.
3. If the petitioner is aggrieved by the order granting exparte injunction, it is always open to him to enter appearance before the Trial Court and to file vacate injunction petition. Instead of following the said procedure, the petitioner is not entitled to rush to this court challenging the order passed by the Trial Court. Therefore, I am not inclined to interfere with the impugned order passed by the Trial Court.
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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