Sam vs Thomas on 27 September, 2019
9. It is true that an order of exparte interim injunction
cannot directly be challenged before this Court under Article 227 of
the Constitution of India. However, where an exparte injunction has
been granted without examining or considering the prima facie case
and merely the ingredients of Order 39 of the Code of Civil
Procedure has been reproduced in the order, this Court has the
jurisdiction to entertain a Civil Revision Petition against such an
order. The position of law is no longer res integra and it is well
settled by a catena of decisions of this Court. Useful reference can
be made to the judgment in Indiabulls Finance Services Limited
v. Jubilee Plots and Housing Private Limited and others
reported in (2009) 4 CTC 64 and in A.S.Ansar v. A.K.Abdul
Kareem reported in (2018) 6 CTC 407. This Court does not find
any reasons that have been assigned by the Court below, while
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C.R.P.(MD) No.1056 of 2012
granting an order of interim injunction in favour of the respondent.