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1 - 3 of 3 (0.16 seconds)A. Venkatasubbiah Naidu vs S. Chellappan And Ors on 19 September, 2000
4. Learned counsel for the petitioner has placed reliance on a judgment
passed by Hon'ble Supreme Court of India in Civil Appeal No. 5102 of
2000 titled "A. Venkataubbiah Naidu Vs. S. Challappan", reported
as 2000 AIR (SC) 3032, wherein it has been held that any order passed
under Order 39 Rule 1 CPC is appealable before the appellate court.
Shiv Kumar Chadha Etc. Etc vs Municipal Corporation Of Delhi And Ors on 4 May, 1993
"Learned counsel appearing for the appellant though
referred one judgment in support of his argument that
impugned order needs to be stayed as learned court below
was supposed to direct the plaintiffs to give an undertaking
that they will not make any further construction upon the
premises till the application for temporary injunction is
finally heard and disposed of. However, to my mind the
judgment referred in case Shiv Kumar Chadha vs.
Municipal Corporation of Delhi 1993 (3) SCC 161 is not
applicable in the present facts and circumstances simply
because of the reason that in the judgment the direction
relied upon by the learned counsel was passed in particular
facts and circumstances where the plaintiff was seeking
direction/relief against Municipal Corporation and that is
why the Hon'ble Supreme Court in para no. 36 of the said
judgment repeatedly made mention of the Corporation as
one of the party and , as such, the direction no. (iii) as given
in para no. 36 of the judgment cannot be held to be
applicable in every set of facts and circumstances.
In this case as observed above the learned court below has
passed ex parte temporary injunction subject to objections
from the other side and, therefore, the appellant is at liberty
to approach learned court below but appeal in the given
circumstances especially in view of the law laid down by the
OWP No.1887/2018 Page 4 of 6
Hon'ble High Court in above referred judgments is not
entertain-able.
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