HIGH COURT OF MADRAS
Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN
M/s. HNS Hotels (p) Ltd – Appellant
Versus
M/s BNR Estates – Respondent
ORDER
This Civil Revision Petition is directed against the order passed in I.A.No.2 of 2023 in O.S.No.4958 of 2023 dated 09.08.2023 on the file of Learned XV Assistant City Civil Court at Chennai.
2. The Registry has raised an objection as to how this petition is maintainable against the order passed under Order 39 Rule 1 and 2 of CPC as the same is appellable order.
3. The revision was represented by making an endorsement that the Civil Revision Petition is maintainable as the impugned order in the present CRP is not appellable order.
4. Since the Registry was not satisfied, the above petition has come up before this Court for deciding the maintainability.
5. On a perusal of the impugned order it is seen that the Trial Court has issued notice through Court and posted the matter on 22.09.2023 and has not passed any adverse order. When this being the case the petitioner has filed the present Civil Revision Petition without any valid grounds.
6. At the out set it is necessary to refer Order 43 Rule 1 of Civil procedure Appeal from Orders:- An Appeal shall lie from the following orders under the provisions of Section 104 namely:
an order under Rule 1, Rule 2, Rule2(A) Rule 4 or Rule 10 of Or
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