The trial judge's discretion in issuing notice when not granting an ex parte injunction is upheld.

ORDER

This Civil Revision Petition challenges the issuance of notice by the learned II Additional District Munsif at Madurai in I.A.No.3 of

2026 in O.S.No.77 of 2026.

2.I heard Mr.I.Velpradeep for the petitioners, Mr.J.Alaguram Jothi, for the respondents 1, 2 and 4 to 9 and Mr.K.K.Kannan for the third respondent.

3.I am of the view that when the learned trial Judge has not considered it a case for issuance of an ex parte order of injunction and has issued notice, it is not an order capable of being challenged in a Revision. The learned II Additional District Munsif at Madurai has the power to grant an ex parte order of injunction or issue notice in the application. In his wisdom, the learned II Additional District Munsif at Madurai has decided that this is not a case for an ex parte order.

4.Mr.I.Velpradeep states that the application seeking an order of injunction restraining to hold the meeting might not have any vitality today. He insists that the application filed in I.A.No.3 of 2026 requires to be considered, if not, it will amount to frittering away of the funds, which have been collected by the petitioners, on unnecessary expenses that are sought to be incurred by respondents 1 to 9. When there is no counter on record, it would be difficult for the Court to take up the application.

5.Mr.J.Alaguram Jothi and Mr.K.K.Kannan submit that they will go on record by way of a counter on the first day of hearing of the application, namely, 25.03.2026. Their statement that they will file their counters on that day is recorded. Once the affidavit and counters are on record, the learned II Additional District Munsif at Madurai is requested to dispose of the application by 24.04.2026

6.With the aforesaid directions, the Civil Revision Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.