Mrs. Damayandhi @ Suji v. K. Maadhu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(PD).No.1886 of 2014 and M.P.No.1 of 2014 1.Damayandhi @ Suji 2.Viji 3.Arul Sakthi 4.Sathya 5.Kulandaisamy 6.Nanjundan 7.Deivanai 8.Dhanakodi 9.Thirunavukkarasu 10.Thennarasu 11.Thirupathi ... Petitioners Vs.

K.Maadhu ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decree dated 29.04.2014 made in I.A.No.200 of 2014 in O.S.No.84 of 2014 on the file of the Court of the Subordinate Judge, Dharmapuri.

For Petitioners : Mr.T.Dhanasekaran For Respondent : Mr.C.Prabakaran

O R D E R

Challenging the order passed in I.A.No.200 of 2014 in O.S.No.84 of 2014 on the file of the Subordinate Judge, Dharmapuri, the defendants have filed the above Civil Revision Petition.

2. I.A.No.200 of 2014 has been filed by the respondent/plaintiff for temporary injunction under Order 39 Rules 1 and 2 CPC. The trial Court allowed the application, against which the present civil revision petition has been filed by the defendants.

3. Since the impugned order passed in I.A.No.200 of 2014 is an appealable order under Order 43 Rule 1(r) CPC, the civil revision petition filed by the defendants under Article 227 of the Constitution of India is not maintainable.

In view of the same, the civil revision petition is rejected. It is open to the petitioners/defendants to challenge the impugned order passed in I.A.No.200 of 2014 by way of an appeal. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes/No 22.03.2017

Internet : Yes To The Subordinate Judge, Dharmapuri.

M.DURAISWAMY,J.

Gms C.R.P.(PD).No.1886 of 2014 22.03.2017 http://www.judis.nic.in